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Bassett v. Laber

District Court of Appeal of Florida, First District
Aug 25, 1998
722 So. 2d 834 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-2275.

August 25, 1998.

appeal from the Judge of Compensation Claims Richard S. Thompson.

Derrick E. Cox and Jason D. Lazarus of Hurley, Rogner, Miller, Cox Waranch, P.A., Orlando, for Appellants.

Bruce A. Epple of The Law Offices of James Richard Hooper, P.A., Orlando, for Appellee.


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 cases 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, 97-5647 (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.


Summaries of

Bassett v. Laber

District Court of Appeal of Florida, First District
Aug 25, 1998
722 So. 2d 834 (Fla. Dist. Ct. App. 1998)
Case details for

Bassett v. Laber

Case Details

Full title:Gallagher BASSETT and Valencia Community College, Appellants, v. Harry R…

Court:District Court of Appeal of Florida, First District

Date published: Aug 25, 1998

Citations

722 So. 2d 834 (Fla. Dist. Ct. App. 1998)

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