GALLAGHER BASSETT AND VALENCIA COMMUNITY COLLEGE, APPELLANTS,
v.
HARRY R. LABER, APPELLEE
Explore caselaw by topic → Browse Authorized Treating Physician cases and more on FLexlaw
PER CURIAM.
We reverse the final order awarding medical and indemnity benefits to the claimant, Harry Laber, on the ground that the judge of compensation claims erred in admitting the testimony of Dr. Howard D. Weaver, D.O. Section 440.13(5)(e), Florida Statutes, limits medical opinion testimony in workers’ compensation eases to the opinion of a medical advisor, an independent medical examiner, or an authorized treating provider. Because Dr. Weaver does not fall within any of these classifications, the objection to his testimony should have been sustained. See Johns Eastern Company, Inc. v. Matta, 717 So. 2d 91, Nos. 97-1566, 97-3647 (Fla. 1st DCA August 7, 1998). Accordingly, we reverse for a new hearing on the merits without commenting on any of the other issues presented on appeal.
Reversed and remanded.
BOOTH, BENTON and PADOVANO, JJ, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
City OF Riviera Beach & Gallagher Bassett Serv., Inc. v. Napier, 791 So. 2d 1160 (Fla. 1st DCA 2001)…ht result in this case. Section 440.13(5)(e) limits the medical testimony that is admissible before the JCC to the opinions of expert medical advisors, independent medical examiners, and authorized treating providers. See Gallagher Bassett v. Laber, 722 So. 2d 834, 834 (Fla. 1st DCA 1998)(“Section 440.13(5)(5)(e), Florida Statutes, limits medical opinion testimony in workers’ compensation cases to the opinion of a medical advisor, an independent medical examiner, or an authorized treating provider.”); Lakelan…
-
Crawford & Co. v. Baxla, 746 So. 2d 576 (Fla. 1st DCA 1999)…ld that the testimony of a physician who is not a medical advisor, an IME, or an authorized treating physician is inadmissible in workers’ compensation cases. Johns Eastern Company, Inc. v. Matta, 717 So. 2d 91 (Fla. 1st DCA 1998); Bassett v. Laber, 722 So. 2d 834 (Fla. 1st DCA 1998). Thus, in the case at bar, the JCC clearly erred in admitting, and relying upon, the testimony of a physician who was not a medical advisor, an IME, or an authorized treating physician. However, under the facts of this case, the…
-
Chudnof-James v. Racetrac Petroleum, Inc., 827 So. 2d 369 (Fla. 1st DCA 2002)…ides the inadmissible testimony of an unauthorized treating physician regarding the causation between the industrial accident and claimant’s medical condition); see also Clairson Intern. v. Rose, 718 So. 2d 210 (Fla. 1st DCA 1998); Bassett v. Laber, 722 So. 2d 834 (Fla. 1st DCA 1998). Dr. Block was not appointed by the JCC, was not designated as an independent medical examiner, and was not an authorized provider. Therefore, the JCC properly excluded the medical opinion testimony of Dr. Block. Without Dr. Blo…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johns E. Co., Inc. v. Matta, 717 So. 2d 91 (Fla. 1st DCA 1998)