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Alpizar v. Star Styled Dancing Co.

District Court of Appeal of Florida, First District
Mar 6, 2002
808 So. 2d 286 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 1D00-2904.

Opinion filed March 6, 2002.

An appeal from an order of Judge of Compensation Claims Sylvia Medina-Shore.

Joseph Hackney, Jr., of Joseph Hackney, Jr., P.A., Miami, for Appellant.

Thomas W. Sculco, Maitland, for Appellees.


We conclude that the judge of compensations claims erred in admitting the deposition testimony of Dr. Bernard Germain, a specialist in internal medicine and rheumatology. 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.


Summaries of

Alpizar v. Star Styled Dancing Co.

District Court of Appeal of Florida, First District
Mar 6, 2002
808 So. 2d 286 (Fla. Dist. Ct. App. 2002)
Case details for

Alpizar v. Star Styled Dancing Co.

Case Details

Full title:MARIA ALPIZAR, Appellant, v. STAR STYLED DANCING CO., and THE HARTFORD…

Court:District Court of Appeal of Florida, First District

Date published: Mar 6, 2002

Citations

808 So. 2d 286 (Fla. Dist. Ct. App. 2002)

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