DANETTE WASHINGTON, APPELLANT/CROSSAPPELLEE,
v.
ORANGE COUNTY SCHOOL BOARD AND UNITED SELF-INSURED SERVICES, APPELLEES/CROSSAPPELLANTS
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The court held that although the judge of compensation claims erroneously admitted depositions of physicians treating non-industrial injuries, reversal was not required due to a pretrial stipulation.
The claimant appealed a workers' compensation order denying benefits but awarding attorney fees. The judge admitted depositions of physicians who trea…
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BARFIELD, Chief Judge.
The claimant appeals, and the employer/servieing agent (E/SA) cross-appeals, a workers’ compensation order in which the judge of compensation claims (JCC) denied the claimed benefits but found that the claimant’s attorney was entitled to a fee for securing an independent medical examination. Only one issue raised merits discussion.
The claimant had accidents or injuries both prior to and subsequent to the industrial accidents. At the hearing, the claimant’s attorney objected to introduction of depositions of physicians who had treated the claimant for the non-industrial injuries. The JCC erroneously declared these physicians to be “medical advisors” and admitted the depositions.
Section 440.13(5)(e), Florida Statutes (Supp.1994), provides: “No medical opinion other than the opinion of a medical advisor appointed by the judge of compensation claims or division, an independent medical examiner, or an authorized treating provider is admissible in proceedings before the judges of compensation claims.” This provision, when read in context with chapter 440 in its entirety, clearly refers to an “expert” or “division” medical advisor. Omission of the word “expert” or “division” in this one provision appears to be the result of legislative oversight.
This error does not, however, require reversal. In the pretrial stipulation, the claimant stipulated that all depositions taken would be used at final hearing. See Citrus World, Inc. v. Mullins, 22 Fla. L. Weekly D2444,-So. 2d-(Fla. 1st DCA, Oct.15, 1997).
The remaining issues raised on appeal and the issue raised on cross-appeal are without merit. Accordingly, the order on appeal is AFFIRMED.
ERVIN and BENTON, JJ., concur.
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Clairson Int'l & Crawford & Co. v. Rose, 718 So. 2d 210 (Fla. 1st DCA 1998)…sor, an independent medical examiner, or an authorized treating physician, section 440.13(5)(e), Florida Statutes (Supp. 1994), requires that the physician’s expert medical opinion be excluded from evidence. See Washington v. Orange County Sch. Bd., 702 So. 2d 1356, 1357 (Fla. 1st DCA 1997) (expert medical advisors); Union Camp Corp. v. Hurst, 696 So. 2d 873, 875 (Fla. 1st DCA 1997) (independent medical examiners); Rucker v. City of Ocala, 684 So. 2d 836, 839-40 (Fla. 1st DCA 1996), review dismissed, (689 So.…
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ST. Augustine Marine Canvas & Upholstery, Inc. v. Lunsford, 917 So. 2d 280 (Fla. 1st DCA 2005)…ing provider. See Wal-Mart Store # 0649 v. Kirksey, 728 So. 2d 268, 269 (Fla. 1st DCA 1999); see also Clairson Int’l v. Rose, 718 So. 2d 210, 212 (Fla. 1st DCA 1998) (citing cases limiting medical opinions: “See Washington v. Orange County Sch. Bd., 702 So. 2d 1356, 1357 (Fla. 1st DCA 1997) (expert medical advisors); Union Camp Corp. v. Hurst, 696 So. 2d 873, 875 (Fla. 1st DCA 1997) (independent medical examiners); Rucker v. City of Ocala, 684 So. 2d 836, 839-40 (Fla. 1st DCA 1996), review dismissed, (689 So.…
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Johns E. Co., Inc. v. Matta, 717 So. 2d 91 (Fla. 1st DCA 1998)…by the judge of compensation claims or division, an independent medical examiner, or an authorized treating provider is admissible in proceedings before the judge of compensation claims.” As we explained in Washington v. Orange County School Board, 702 So. 2d 1356 (Fla. 1st DCA 1997), the phrase “medical advisor” in this statute refers to an expert medical advisor certified by the division. Dr. Varraux is not an expert medical advisor within the meaning of section 440.13(9), Florida Statutes, because he was…
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- Citrus World, Inc. v. Mullins, 704 So. 2d 128 (Fla. 1st DCA 1997)