THOMAS N. OLSEN, APPELLANT,
v.
WELLCRAFT MARINE CORPORATION AND CRAWFORD & COMPANY, APPELLEES
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A worker injured in a 1986 industrial accident sought workers' compensation benefits for psychiatric treatment and disability. The deputy commissioner denied benefits, finding the psychiatrists' testimony unreliable because they lacked complete information about his pre-injury psychiatric history. The appellate court reversed, holding that the deputy erred in rejecting unrefuted expert medical testimony.
The deputy commissioner committed reversible error in rejecting the unrefuted medical testimony of expert witnesses. The court held that although some psychiatrists lacked complete prior history information at the time of examination, this did not justify rejecting their testimony where they either had been provided the corrected history and did not change their opinions, or acknowledged prior difficulties and testified within reasonable medical certainty to the causal relationship, with nothing in the record refuting the doctors' testimony.
[1] An employer/carrier cannot defeat a claim for workers' compensation benefits by presenting evidence of a claimant's pre-existing conditions if expert medical testimony es…
[2] A deputy commissioner commits reversible error by rejecting unrefuted medical testimony of expert witnesses regarding the causal relationship between an industrial accide…
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Join FLexlaw to unlock all legal intelligence“The deputy committed reversible error in rejecting the unrefuted medical testimony of expert witnesses.”
Establishes the core holding that the deputy's rejection of uncontradicted expert psychiatric testimony was legal error.
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Join FLexlaw to unlock all legal intelligenceClaimant Olsen was injured on September 19, 1986, while employed by Wellcraft Marine Corporation, suffering a bulging intervertebral disc, carpal tunn…
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PER CURIAM.
This cause is before us on appeal from an order of the deputy commissioner denying temporary total disability compensation benefits, authorization for evaluation and treatment for psychiatric problems, and payment of past medical bills related to suicide attempts. Claimant was injured in the course and scope of his employment with Wellcraft Marine Corporation on September 19, 1986. After the accident, he was treated for a bulging intervertebral disc at the L4-5 level, carpal tunnel syndrome, and psychiatric problems. The issue on appeal involves only the psychiatric problems.
Prior to the accident, claimant had a history of psychiatric problems and chronic unemployment. Claimant gave a history of psychiatric problems dating back to a 1962 high school accident. He also indicated that he obtained psychiatric counseling several times prior to the end of 1984, and had two or three consultations with a counselor between 1984 and 1987.
On August 27, 1987, claimant voluntarily admitted himself into the Bay Pines Veterans Administration Hospital in St. Peters-burg with complaints of being fearful, depressed, angry, fatigued, suspicious, and with some vague suicidal ideation. The hospital found claimant had an adjustment disorder with depressed mood and anxiety. He was discharged on September 3, 1987, after being found mentally competent. Between claimant’s first and second hearing, claimant was hospitalized twice within a two-week period because he took overdoses of his pain medication. He was admitted to a hospital and crisis center from September 20 through 26, 1987, and again on October 7, 1987, with a diagnosis of recurrent depression and “dysthymic disorder.” He reported having panic attacks and being very depressed and anxious. Three psychiatrists testified by deposition that claimant’s psychiatric problems were causally related to his industrial accident and resulting inability to support his family.
In his order, the deputy found the psychiatrists testified without knowledge of claimant’s work history or psychiatric problems prior to the industrial accident.
The record indicates, however, that none of the psychiatric testimony was based on “mistaken belief.” Two of the psychiatrists were furnished information concerning claimant’s work history and psychiatric problems prior to the industrial accident by the employer/carrier’s counsel and did not change their testimony. The third psychiatrist acknowledged claimant’s past psychiatric difficulties and testified within a reasonable medical certainty that claimant’s diagnosed psychiatric condition of major depression was causally related to his industrial accident and its aftermath. Nothing in the record refutes the doctors’ testimony. Prior to the industrial accident, claimant was never hospitalized for any psychiatric complaints, nor had he ever previously attempted suicide.
The deputy committed reversible error in rejecting the unrefuted medical testimony of expert witnesses. D’Amico v. Westinghouse Electric Corporation, 527 So. 2d 855 (Fla. 1st DCA 1988).
This case is markedly similar to Curtis v. Florida Correction Institute, 509 So. 2d 1192 (Fla. 1st DCA 1987).
In Curtis, this court found the deputy erroneously rejected unrefuted, expert testimony that claimant’s depression and periods of hospitalization were causally related to claimant’s industrial accident. Although the doctors had not, at the time of their examinations, been provided with an accurate history of claimant’s prior psychiatric problems, neither stated that their opinions as to the causal relationship between the accident and emotional problems would have changed had they been fully apprised of claimant’s history. See also Calleyro v. Mt. Sinai Hospital, 504 So. 2d 1336 (Fla. 1st DCA 1987) (in the absence of contradictory medical testimony, the deputy may not reject psychiatric testimony because of a single inaccuracy in the history given to the doctor); Jackson v. Dade County School Board, 454 So. 2d 765 (Fla. 1st DCA 1984) (fact that claimant misled his psychiatrist regarding his employment status did not provide a sufficient rationale to reject the psychiatrist’s testimony).
Accordingly, the deputy’s order should be reversed and remanded for proceedings consistent herewith.
BOOTH, JOANOS and MINER, JJ., concur.
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Ullman v. City OF Tampa Parks Dep't & Alexsis, 625 So. 2d 868 (Fla. 1st DCA 1993)…s, 532 So. 2d 28 (Fla. 1st DCA 1988); Curtis v. Florida Correctional Institute, 509 So. 2d 1192 (Fla. 1st DCA 1987). See also, Morey v. Harper, 541 So. 2d 1285 (Fla. 1st DCA), rev. denied, 551 So. 2d 461 (Fla. 1989); Olsen v. Wellcraft Marine Corp., 540 So. 2d 878 (Fla. 1st DCA 1989); Walker v. Allied Septic Tanks, 522 So. 2d 456 (Fla. 1st DCA 1988); Jackson v. Dade County School Bd., 454 So. 2d 765 (Fla. 1st DCA 1984); Allman v. Meridith Corp., 451 So. 2d 957, 960 (Fla. 1st DCA 1984). 569 So. 2d at 801. We…
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Faucher v. R.C.F. Developers, 569 So. 2d 794 (Fla. 1st DCA 1990)…ums, 532 So. 2d 28 (Fla. 1st DCA 1988); Curtis v. Florida Correctional Institute, 509 So. 2d 1192 (Fla. 1st DCA 1987). See also, Morey v. Harper, 541 So. 2d 1285 (Fla. 1st DCA), rev. denied 551 So. 2d 461 (Fla.1989); Olsen v. Wellcraft Marine Corp., 540 So. 2d 878 (Fla. 1st DCA 1989); Walker v. Allied Septic Tanks, 522 So. 2d 456 (Fla. 1st DCA 1988); Jackson v. Dade County School Bd., 454 So. 2d 765 (Fla. 1st DCA 1984); Allman v. Meridith Corp., 451 So. 2d 957, 960 (Fla. 1st DCA 1984). In the instant case, D…
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Diamond R. Fertilizer & Seibels Bruce Grp. v. Davis, 567 So. 2d 451 (Fla. 1st DCA 1990)…were particularly prejudiced by the court’s refusal to hear evidence on life expectancy since the medical experts testified that claimant had a reduced life expectancy, and there is no testimony to the contrary. See Olson v. Wellcraft Marine Corp., 540 So. 2d 878 [*456] (Fla. 1st DCA 1989) (reversible error for judge of compensation claims to reject un-refuted testimony of medical experts). At the attorney fee hearing, economist Dr. Fred Raffa testified to the present value of the costs set out in the life c…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Calleyro v. MT. Sinai Hosp., 504 So. 2d 1336 (Fla. 1st DCA 1987)
- Jackson v. Dade Cnty. Sch. Bd. & Gallagher Bassett Ins. Serv., 454 So. 2d 765 (Fla. 1st DCA 1984)
- Curtis v. Fla. Corr. Inst. & Div. of Risk Mgmt., 509 So. 2d 1192 (Fla. 1st DCA 1987)
- Sobel v. State, 527 So. 2d 855 (Fla. 4th DCA 1988)
- D'Amico v. Westinghouse Elec. Corp. & Gates, 527 So. 2d 855 (Fla. 1st DCA 1988)