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722 So. 2d 834

Docket No. 97-2275.

Bassett v. Laber

Gallagher BASSETT and Valencia Community College, Appellants, v. Harry R. LABER, Appellee.

District Court of Appeal of Florida

Decided August 25, 1998.

District Court of Appeal of Florida · decided 1998-08-25

Cited by 8 later decisions — most recently February 2008

8 state decisions

Key passage — most relied on by later courts

“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.”

quoted by 1 later decision, including City of Riviera Beach v. Napier

Relies on Johns Eastern Co., Inc. v. Matta

Good law ✅— No negative treatment on recordhow we know

Decided 1998-08-25

View the full empirical analysis of this case →

¶1Derrick E. Cox and Jason D. Lazarus of Hurley, Rogner, Miller, Cox & Waranch, P.A., Orlando, for Appellants.

¶2Bruce A. Epple of The Law Offices of James Richard Hooper, P.A., Orlando, for Appellee.

¶3PER CURIAM.

¶4We 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, 97-3647 (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.

¶5Reversed and remanded.

¶6BOOTH, BENTON and PADOVANO, JJ., concur.

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