Hunt v. Jack Ivey Buick Co. (4 Fla. Supp. 195, 1953)

JAMES R. KNOTT, Deputy Commissioner.

On February 17, 1953 the claimant Cecil M. Hunt was injured in an automobile accident arising out of and in the course of his employment with Jack Ivey Buick Co. on U. S. highway no. 1 near Sebastian, Florida. His average weekly wage at the time of the injury was $75. He was paid compensation for temporary total disability following his injury until March 9, 1953, when he returned to work for the same employer. The employer discharged him the following day, for reasons unassociated with his injury, and thereafter he remained unemployed until May 24, 1953. He claims compensation for temporary total disability during such period of unemployment, and the medical testimony of his attending physician, Dr. J. T. McDermid, shows that he was disabled during that period.

The insurance carrier does not deny that the claimant was disabled during the period for which compensation is claimed, and did not file notice to controvert payment of compensation. The carrier does deny liability for the expense of the claimant’s medical treatment by Dr. J. T. McDermid, and for an attorneys’ fee payable to his attorneys for their services in this proceeding — on the ground that the failure to pay compensation during the period in question was due to the delinquency of the claimant’s attending physician in not notifying the carrier that the claimant continued to be disabled.

The evidence shows that the claimant himself engaged Dr. Mc-Dermid’s services. The insurance carrier repeatedly requested Dr. McDermid to furnish medical reports, without success. Dr. Mc-Dermid admitted in his testimony that he had received the car