Cases

The failure to object to the testimony of the IME at the time of the doctor's deposition based on the amount the doctor charged for his depositional testimony resulted in the waiver of any argument directed thereto on appeal.  Objection to a doctor's status as an IME must be made at or before the time the medical opinion testimony is rendered.  The court did not reach a decision on the issue of whether an IME loses this status upon charging an impermissible amount for depositional testimony.

JCC in order awarded the payment of medical bill and on appeal court determined that claimant failed to establish an evidentiary basis for the payment of such bills by the employer/carrier.  Case remanded to the JCC for additional proceedings to establish the compensability of such medical bills.  The court specifically stated, however, that in future cases, where the party with the burden of proof fails to establish an evidentiary basis for benefits awarded, a simple reversal will be the appropriate remedy (as opposed to remanding the case to the JCC for further proceedings) absent an exceptional legal or factual basis warranting a contrary result.  The court noted that the mere introduction into evidence of medical bills may not be sufficient to prove entitlement.  Concurring opinion.