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FRESHWATER v. BAKER

No. 97-2292.

707 So.2d 937 (1998)

M. Felix FRESHWATER, M.D., P.A., and M. Felix Freshwater, M.D., personally, Appellant, v. Steven BAKER, Appellee.

District Court of Appeal of Florida, Third District.

March 18, 1998.

Attorney(s) appearing for the Case

Peter S. Schwedock, Miami, for appellant.

Reisman & Abraham, and David B. Abraham, Coral Gables, for appellee.

Before SCHWARTZ, C.J., and NESBITT, JORGENSON, COPE, LEVY, GERSTEN, GODERICH, GREEN, FLETCHER, SHEVIN and SORONDO, JJ.

En Banc

NESBITT, Judge.

Steven Baker was seriously injured when a tire exploded in his face during the course of his employment. A third party's negligence caused the accident. Dr. M. Felix Freshwater treated Baker for his injuries. Part of the cost of Dr. Freshwater's medical treatment was paid by Baker's workers' compensation carrier per the workers' compensation fee schedule. This accounted for less than one-third of the amount Dr. Freshwater had...

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