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Seminole County v. Osborne

District Court of Appeal of Florida, First District
Jul 14, 2004
876 So. 2d 737 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 1D03-2569.

Opinion filed July 14, 2004.

An appeal from an order of the Judge of Compensation Claims, Thomas G. Portuallo, Judge.

Michael Broussard, Sarah P. Reiner and Barbara A. Eagan of Broussard, Cullen, DeGailler Eagan, P.A., Orlando, for Appellants.

Stewart L. Colling, Orlando; Bill McCabe, Longwood, for Appellee.


In this workers' compensation case, we reverse the award of an EEG, biofeedback, a repeat EMG/nerve conduction study and a bone scan because the managed care grievance procedure had not been exhausted and, therefore, the judge of compensation claims lacked jurisdiction to consider the claim for those treatment modalities. See Castro v. AT T Wireless Servs., Inc., 780 So.2d 917 (Fla. 1st DCA 2000). In all other respects, the order is affirmed.

AFFIRMED IN PART and REVERSED IN PART.

BOOTH, WEBSTER and DAVIS, JJ., CONCUR.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.


Summaries of

Seminole County v. Osborne

District Court of Appeal of Florida, First District
Jul 14, 2004
876 So. 2d 737 (Fla. Dist. Ct. App. 2004)
Case details for

Seminole County v. Osborne

Case Details

Full title:SEMINOLE COUNTY and GALLAGHER BASSETT SERVICES, INC., Appellants, v…

Court:District Court of Appeal of Florida, First District

Date published: Jul 14, 2004

Citations

876 So. 2d 737 (Fla. Dist. Ct. App. 2004)