Workers' Compensation
Listed below is McConnaughhay, Coonrod, Pope, Weaver & Stern, P.A.'s workers' compensation case law database. The database dates back until 1971 and includes over 5500 workers' compensation court decisions.
To view the case summaries, select one of the general topics listed below.
Bryant v. Home Depot
28 FLW D1217
Claimant chose IME physician. Employer/carrier took the deposition of an unauthorized doctor for discovery purposes. Claimant attempted to introduce into evidence the deposition of the unauthorized physician taken by the employer/carrier and claimed that since the employer/carrier had not objected to the deposition of the unauthorized doctor during the time of the deposition, the employer/carrier waived any objection to the deposition of the unauthorized physician being used in evidence before the JCC relying on the case of Clairson International v. Rose, 718 So.2d 210 (Fla. 1st DCA 1998). Court affirmed JCC's order denying admissibility of the deposition since the claimant had already chosen an IME. In addition, the burden of objecting to a deposition, on grounds that a physician is unauthorized, is not on the party taking the deposition for discovery purposes when that party has no intention of proffering the deposition as opinion testimony. The rationale behind the Clairson decision did not apply to the facts of this case.
