Cases

Treating authorized physician in 2006 indicated that the claimant needed an evaluation by a cardiologist.  JCC denied evaluation since there was no current evidence indicating a need for such an evaluation.  On appeal, court reversed.  There is no legal authority that indicates a recommendation or referral from an authorized doctor can become stale in the absence of a change in the claimant's condition that would affect the need for the recommended evaluation.

Report from independent medical examiner was not properly authenticated and therefore, was not allowed to be considered as evidence in proceedings before JCC.  The exception to authentication provided by Section 440.29(4), Florida Statutes, does not apply to independent medical examinations; The exception only applies to authorized treating physicians reports/records.  See Tutor Time Child Care Learning Centers v. Patterson, 91 So. 3d 264.  Because the IME report should have been excluded from evidence, a vocational expert's opinions based on the excluded medical report should also have been excluded.