JEAN-CLAUDE WISZNIA, APPELLANT,
v.
LEON COUNTY DIVISION OF ANIMAL CONTROL AND PREFERRED GOVERNMENTAL CLAIMS SOLUTIONS, APPELLEES
JEAN-CLAUDE WISZNIA, APPELLANT,
LEON COUNTY DIVISION OF ANIMAL CONTROL AND PREFERRED GOVERNMENTAL CLAIMS SOLUTIONS, APPELLEES
902 So. 2d 271
Florida District Court of Appeal, First District (2005)
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Cited by 4 cases
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Opinion of the Court
ON MOTION FOR REHEARING AND/OR CLARIFICATION
PER CURIAM.
We grant appellees’ Motion for Rehearing and/or Clarification to the extent that we withdraw our previous opinion and substitute the following:
In this workers’ compensation case, as in Cromartie v. City of St. Petersburg, 882 So. 2d 439 (Fla. 1st DCA 2004), our review of the record satisfies us that the record does not contain competent and substantial evidence to support the determination of the judge of compensation claims that clear and convincing evidence existed sufficient to reject the appointed expert medical advisor’s opinion that the claimant had sustained a psychiatric injury as a result of the compensable workplace accident. Accordingly, as in Cromartie, we reverse the order denying the petition to the extent that petition requested psychiatric care, and remand with directions that the judge of compensation claims enter an order granting the request for such care.
REVERSED and REMANDED, with directions.
WEBSTER, BENTON and POLSTON, JJ., concur.
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Tarpon Springs Hosp. Found., Inc. v. Anderson, 34 So. 3d 742 (Fla. 2d DCA 2010)…ated Neurological Injury Comp. Ass'n v. Fla. Div. of Admin. Hearings, 948 So. 2d 705, 716-17 (Fla.2007) (finding that ALJ had jurisdiction to determine whether a health care provider complied with the notice provisions of the Plan); Depart v. Macri, 902 So. 2d 271 (Fla. 1st DCA 2005) (holding that ALJ did not have jurisdiction to address whether a certified nurse midwife was entitled to immunity under the Plan). . Nurse Hilderbrandt's physician assessment under the Plan was paid for the calendar years 2003 a…
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Anastacio Delgado v. A. Garcia Harvesting, Inc., 913 So. 2d 78 (Fla. 1st DCA 2005)…Because the procedure for conducting vocational assessments after an [*79] employee is accepted as entitled to compensation is governed by section 440.15(l)(e), Florida Statutes (2002), our standard of review is de novo. See e.g., Depart v. Macri, 902 So. 2d 271 (Fla. 1st DCA 2005). That statute explicitly provides that the employer’s right to conduct vocational evaluations must be carried out pursuant to section 440.491, which specifies how a carrier may obtain a re-employment assessment for a claimant who…
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Rinella v. Bassam Abifaraj, 908 So. 2d 1126 (Fla. 1st DCA 2005)…he willful and wanton exception to NICA plan exclusivity. Although it has been determined that the ALJ is without jurisdiction to decide whether a healthcare provider is entitled to immunity from civil suit under the NICA plan, see Depart v. Macri, 902 So. 2d 271 (Fla. 1st DCA 2005); Gugelmin v. Division of Administrative Hearings, 815 So. 2d 764 (Fla. 4th DCA 2002), the more specific but related issue of the ALJ’s jurisdiction over the willful and wanton exception to NICA plan exclusivity is one of first im…1 / 2
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 882 So. 2d 439 (Fla. 1st DCA 2004)
- Cromartie v. City OF ST. Petersburg, 882 So. 2d 439 (Fla. 1st DCA 2004)