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A Vanish Pest Control v. Martinez

District Court of Appeal of Florida, First District
Oct 18, 2010
46 So. 3d 123 (Fla. Dist. Ct. App. 2010)

Opinion

No. 1D10-0648.

October 18, 2010.

An appeal from an order of the Judge of Compensation Claims. Alan M. Kuker, Judge.

Rayford H. Taylor of Stiles, Taylor Grace, PA., Atlanta, and Mary Ann Stiles of Stiles, Taylor Grace, P.A., Tampa, for Appellants.

Kimberly A. Hill of Kimberly A. Hill, P.L., Fort Lauderdale, for Appellee.


In this workers' compensation appeal, the Employer/Carrier challenges an order of the Judge of Compensation Claims (JCC) granting Claimant's request to select his own back specialist. Because there is no legal basis to support the JCC's award of future back treatment with a physician of Claimant's choice, we REVERSE. See Carmack v. State, Dept. of Agriculture, 31 So.3d 798, 800 (Fla. 1st DCA 2009). The Employer/Carrier shall provide Claimant with a back specialist of the Employer/Carrier's own choosing.

WOLF, DAVIS, and WETHERELL, JJ., concur.


Summaries of

A Vanish Pest Control v. Martinez

District Court of Appeal of Florida, First District
Oct 18, 2010
46 So. 3d 123 (Fla. Dist. Ct. App. 2010)
Case details for

A Vanish Pest Control v. Martinez

Case Details

Full title:A VANISH PEST CONTROL and Associated Industries Insurance Company, Inc.…

Court:District Court of Appeal of Florida, First District

Date published: Oct 18, 2010

Citations

46 So. 3d 123 (Fla. Dist. Ct. App. 2010)