MARIA ALPIZAR, APPELLANT,
v.
STAR STYLED DANCING CO., AND THE HARTFORD, APPELLEES
Explore caselaw by topic → Browse Authorized Treating Physician cases and more on FLexlaw
PER CURIAM.
We conclude that the judge of compensations claims erred in admitting the deposition testimony of Dr. Bernard Germain, a specialist in internal medicine and rheuma-tology. Dr. Germain was not an authorized treating provider, nor was he a medical advisor appointed by the judge. He did not qualify as an independent medical examiner, because his medical fee exceeded the maximum amount authorized by statute. See § 440.13(5), 10, Fla. Stats. (1999); City of Riviera Beach v. Napier, 791 So. 2d 1160 (Fla. 1st DCA 2001). The employer and carrier did not show that the statutes limiting testimony to certain qualified witnesses deprived them of any constitutional right in the presentation of their case. Because we cannot say that the judge’s reliance on Dr. Germain’s testimony was harmless, we must reverse for a new merits hearing.
Reversed.
PADOVANO, BROWNING and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Thompson v. Awnclean USA, Inc., 849 So. 2d 1129 (Fla. 1st DCA 2003)…E within the $400 limit established by the legislature. Thus, they do not have a claim that enforcing the legislative directive would deprive them of their constitutional right to a presentation of their case. See Alpizar v. Star Styled Dancing Co., 808 So. 2d 286 (Fla. 1st DCA 2002). Finally, this record contains no support for the $1,000 charge proposed by the doctor to accommodate the presence of a court reporter at the examination. No evidence demonstrates that the additional charge requested by the doct…
-
Betts v. State, 829 So. 2d 977 (Fla. 1st DCA 2002)…ion, the denial of which was pending in this Court at the time the trial court ruled on the third motion, the trial court was without jurisdiction to rule on this third motion. Darling v. State, 799 So. 2d 346 (Fla. 1st DCA 2001); McKeever v. State, 808 So. 2d 286 (Fla. 1st DCA 2002). Under such circumstances, the trial court was required to dismiss the appellant’s third motion for lack of jurisdiction. See id. The appellant’s fourth motion does not raise related claims but is untimely and an abuse of process…
-
DeCUBA v. Indian River Cmty. Coll. & Gallagher Bassett Servs., Inc., 867 So. 2d 1257 (Fla. 1st DCA 2004)…d, thus, the fee cap applied. Because Dr. Davidson violated that statutory cap on fees, he is disqualified as an individual from testifying as an independent medical examiner at any time in Appellant’s case. See Alpizar v. Star Styled Dancing Co., 808 So. 2d 286 (Fla. 1st DCA 2002); City of Riviera Beach v. Napier, 791 So. 2d 1160 (Fla. 1st DCA 2001). Accordingly, Dr. Davidson remains disqualified under the statute as amended, regardless of what he charged for the second IME, or what he may charge for any f…
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
- City OF Riviera Beach & Gallagher Bassett Serv., Inc. v. Napier, 791 So. 2d 1160 (Fla. 1st DCA 2001)