Beverly v. Publix Supermarkets

We affirm the denial of payment for the costs relating to the surgery performed by Dr. Fitzgerald on March 5, 1999, because claimant failed to request prior authorization for the surgery, as required by sections 440.13(2)(c) and 440.13(3)0), Florida Statutes (Supp.1994). In so ruling, we note that the voluntary dismissal claimant filed in April 1997, relating to the pain-management claim included in the 1996 petition for benefits, acted to dismiss the entire petition. See Perez v. Winn-Dixie, 639 So.2d 109 (Fla. 1st DCA 1994).

We reverse, however, the denial of penalties authorized by section…