JEWEL MAY DAOPHIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JEWEL MAY DAOPHIN, APPELLANT,
STATE OF FLORIDA, APPELLEE
540 So. 2d 874
Florida District Court of Appeal, Fourth District (1989)
Positive Treatment
Cited by 18 cases
Opinion of the Court
PER CURIAM.
In accordance with the mandate of the supreme court in State v. Daophin, 533 So. 2d 761 (Fla.1988), we now affirm the decision of the trial court herein.
AFFIRMED.
LETTS, GLICKSTEIN and GUNTHER, JJ., concur.
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Grainger v. Indian River Transport/Zurich U.S., 869 So. 2d 1269 (Fla. 1st DCA 2004)…rdered to pay for a diagnostic test, when the purpose of the test “is to determine the cause of a claimant’s symptoms, which symptoms may be related to a compensable accident.” Sumner, 526 So. 2d at 1070; see also Green v. Chromalloy-Turbocumbustor, 540 So. 2d 874 (Fla. 1st DCA 1989). The correctness of an order refusing a medical evaluation “must be tested by whether the claimant adequately demonstrated that [the evaluation was] reasonably required by the ‘... nature of the injury....’ ” Sumner, 526 So. 2d a…
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Scott v. Bisanti Servs., Inc., 634 So. 2d 292 (Fla. 1st DCA 1994)…diagnostic test is compensable, even if it should later be determined that the claimant suffered from both compensable and noncompensable conditions. Perry v. Ridge-crest Int’l, 548 So. 2d 826 (Fla. 1st DCA 1989); Green v. Chromalloy-Turbocumbustor, 540 So. 2d 874 (Fla. 1st DCA 1989); Hamilton v. Early Bird Stud Farms, 540 So. 2d 134 (Fla. 1st DCA 1989). Diagnostic testing which is recommended by an authorized physician is implicitly authorized. Prince v. Prince Ins. Serv., 556 So. 2d 1195 (Fla. 1st DCA 1990)…
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Bradford A. Prince v. Prince Ins. Servs. & Lumbermans Mut. Ins., 556 So. 2d 1195 (Fla. 1st DCA 1990)…ffered from both compen-sable and noneompensable conditions. Nealy v. City of West Palm Beach, 491 So. 2d 585, 586 (Fla. 1st DCA 1986). See also Perry v. Ridgecrest International, 548 So. 2d 826 (Fla. 1st DCA 1989); Green Chromalloy-Turbocumbustor, 540 So. 2d 874, 876 (Fla. 1st DCA 1989); Sumner v. Gardinier, Inc., 526 So. 2d 1068, 1070 (Fla. 1st DCA 1988); Sanchez v. Security Sales Co., 522 So. 2d 435, 436 (Fla. 1st DCA 1988). To restate it, compensability of a diagnostic test does not depend upon test resu…
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- State v. Jewel May Daophin, 533 So. 2d 761 (Fla. 1988)