Cases

Claimant's treating physician had been deauthorized by the employer/carrier.  At one time, the provider was authorized.  JCC determined that because of the fact that the doctor was not authorized at the time histestimony was sought to be introduced that he could not testify pursuant to Section 440.13(5)(e), Florida Statutes.

Court determined that statutory provision in regards to which doctors can testify is ambiguous on its face and accordingly, the court must look to legislative intent to determine if such deauthorized medical care provider could testify.  Court determined that precluding the admissibility of a deauthorized physician's medical opinion would contravene the purposes of Section 440.13(5)(e), Florida Statutes, and accordingly such testimony was admissable.  

Because the medical opinion of the deauthorized doctor was contrary to the opinions of a second authorized doctor who testified, the JCC erred in not appointing an expert medical advisor to determine which doctor's opinion should be adopted.