Cases

Section 90.503(2), Florida Statutes, provides that the patient of a psychotherapist has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications or records made for the purpose of diagnosis or treatment of the patient’s mental or emotional condition. An exception to this privilege is found in Section 90.503(4)(c), Florida Statutes, which provides that such privilege is not applicable in any proceeding in which the patient relies upon the psychological condition as an element of his or her claim or defense. Although this exception applies in workers’ compensation cases, it does not apply merely because symptoms the claimant associates with a physical injury are of a type which might arguably be associated with some separate mental or emotional condition.

 

In this case, the claimant did not rely upon his mental or emotional condition as a component of benefits claimed and therefore, the exception to the privilege did not apply. The claimant was alleging fatigue and neurological symptoms resulting from exposure to mold, toxic substances, and chemicals at the workplace. This allegation did not place his mental or emotional conditions at issue and therefore, this exception to the privilege did not apply. JCC’s order requiring disclosure of psychological information reversed on appeal.