EVERETT W. SPEARS, APPELLANT,
v.
GATES ENERGY PRODUCTS AND SCOTT WETZEL SERVICES, APPELLEES
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Everett Spears appealed the denial of his workers' compensation claim for chiropractic care and temporary partial disability benefits. The Florida First District Court of Appeal reversed the judge of compensation claims' decisions, finding insufficient evidentiary support for denying chiropractic treatment and temporary disability benefits, and requiring clarification of the average weekly wage calculation.
The court reversed the denial of chiropractic care benefits because Dr. Parr's testimony, which lacked competent knowledge of chiropractic treatment, could not support the denial, and the rejection of two chiropractors' opinions was not adequately explained. The court reversed the denial of temporary partial disability benefits because Spears had not reached maximum medical improvement and the record did not support a stipulation to MMI. The court reversed and remanded the average weekly wage issue because the order did not clarify what amount the judge determined it to be.
[1] A judge of compensation claims errs by relying on an expert's testimony to deny a claim for a specific treatment when the expert testifies they lack sufficient knowledge…
[2] A judge of compensation claims commits error by failing to state reasons for accepting one medical expert's opinion over others when the basis for the finding is not appa…
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Join FLexlaw to unlock all legal intelligence“the failure to state reasons for accepting one doctor's opinion over others is error where (1) the reason for the finding in the order is not apparent from the record, or (2) it appears that the deputy commissioner has overlooked or ignored evidence in the record”
Establishes the standard for reversing a JCC's credibility determinations when reasoning is not adequately explained
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Join FLexlaw to unlock all legal intelligenceSpears suffered a work-related injury that resulted in a lower wage and transportation problems preventing him from working. An orthopedist (Dr. Parr)…
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PER CURIAM.
Everett W. Spears appeals the denial of his claim for medical care and temporary partial disability benefits. We reverse in part.
Competent substantial evidence does not support the judge of compensation claims’ (JCC) reliance on Dr. Parr’s1 testimony to deny the claim for chiropractic care. Dr. Parr, an orthopedist, specifically testified that he did not have much knowledge of chiropractic treatment and would be unable to opine whether Spears needs such treatment.2 Second, the record is unclear as to why the JCC rejected the testimony of Dr. Guenther3 and Dr. Barrass, two chiropractors who testified that Spears may benefit from chiropractic treatment. See Curry v. Miami Dolphins, Ltd., 522 So. 2d 1010, 1011-12 (Fla. 1st DCA 1988) (“the failure to state reasons for accepting one doctor’s opinion over others is error where (1) the reason for the finding in the order is not apparent from the record, or (2) it appears that the deputy commissioner has overlooked or ignored evidence in the record”). Accordingly, we reverse the JCC’s finding that Spears is not entitled to chiropractic treatment.
We also reverse the JCC’s finding on the issue of temporary partial disability benefits. Spears is entitled to seek these benefits since he has not reached maximum medical improvement (MMI). The JCC incorrectly found the parties stipulated to MMI. The record does not support this finding. The JCC found that Spears left his employment because of transportation problems. While such is true, the record demonstrates that these problems were directly caused by the injury and resulting lower wage. Carrier representative Mr. Gelsinger’s testimony does not support a finding that Spears received notice of his rights and obligations regarding wage loss benefits. Mr. Gelsinger was not employed by the carrier at the time he claimed notice was given and had no way of knowing the carrier’s practices at that time. We direct the JCC to consider these issues on remand.
Finally, we reverse the JCC’s finding (or lack thereof) regarding average weekly wage (AWW). The JCC found “that the Claimant’s AWW and corresponding compensation rate, as calculated by the Employer/ Carrier is correct.” Neither the order nor the record indicate what the E/C calculated the AWW to be. Since this court cannot adequately review the AWW without knowing what the JCC determined it to be, we remand this issue to the JCC for clarification.
We decline to address the JCC’s finding regarding payment for a lab test since such is supported by competent substantial evidence. We vacate the finding of no bad faith and direct the JCC to reconsider the bad faith claim in light of any matters presented on remand.
SMITH, KAHN and WEBSTER, JJ., concur. . Dr. Parr was the IME orthopedist chosen by the E/C.
. The fact that Dr. Parr is an orthopedist would not disqualify him from rendering an opinion on chiropractic care. Alford v. G. Pierce Woods Memorial Hospital, 621 So. 2d 1380 (Fla. 1st DCA 1993) (an orthopedist may possess "enough knowledge about chiropractic manipulation to be able to render an opinion as to the effect of such movement upon the spine of someone like claimant"). In this case Dr. Parr disqualified himself by testifying that he was unable to give an opinion as to whether chiropractic treatment was necessary because of his lack of knowledge.
.Dr. Guenther was the IME chiropractor chosen by the E/C.
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Rucker v. City OF Ocala & Crawford & Co., 684 So. 2d 836 (Fla. 1st DCA 1996)…physician licensed under another statute, provided the testifying physician is, based on training and experience, competent to render an expert opinion concerning treatment for the illness or injury under review.”); Spears v. Gates Energy Products, 621 So. 2d 1386, 1388 n. 2 (Fla. 1st DCA 1993) (“The fact that [a doctor] is an orthopedist would not disqualify him from rendering an opinion on chiropractic care.”); Alford v. G. Pierce Woods Memorial Hosp., 621 So. 2d 1380, 1381-83 (Fla. 1st DCA 1993) (where ort…
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Cloyd E. Clair v. Glades Cnty. Bd. OF Comm'rs & Ins. Servicing & Adjusting Co., 649 So. 2d 224 (Fla. 1995)…ufficient evidence to support the JCC’s conclusion that the orthopedic surgeon knew enough about the chiropractic treatment to competently testify as to whether the treatment would help or harm the claimant. See also Spears v. Gates Energy Products, 621 So. 2d 1386 (Fla. 1st DCA 1993). We agree that such knowledge is a necessary part of an expert’s qualifications. The district court in the instant case found that the record did not include any evidence of such knowledge. Accordingly, we agree with the district…
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Cloyd E. Clair v. Glades Cnty. Bd. OF Comm'rs & Ins. Servicing & Adjusting Co., 635 So. 2d 84 (Fla. 1st DCA 1994)…thopedist, for example, has training and experience in chiropractic skills of sufficient magnitude to establish that the witness is, in fact, an expert in chiropractic medicine. Alford, 621 So. 2d 1380, 1382-83. Accord Spears v. Gates Energy Prods., 621 So. 2d 1386, 1387 (Fla. 1st DCA 1993). In the case at bar, the E/C failed to show that either Dr. Conant or Dr. Arpin was qualified to testify in the area of chiropractic medicine, as neither physician was asked a single question about his or her “knowledge, s…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Emory Curry v. Miami Dolphins, Ltd., 522 So. 2d 1010 (Fla. 1st DCA 1988)
- Alford v. G. Pierce Woods Mem'l Hosp. & State of Florida/Division of Risk Mgmt., 621 So. 2d 1380 (Fla. 1st DCA 1993)