Cases

Section 440.29(4), Florida Statutes (2011), allows for the introduction into evidence of medical records from authorized treating health care providers upon proper motion and provided the records were served on the opposing party at least 30 days before the final hearing.  In this case, the party seeking to admit medical records admitted that proper procedures as set forth in this section had not been followed.  Court determined that it was error to have admitted the report into evidence.

The Florida Evidence Code applies to workers' compensation proceedings.  Although Section 440.29(1), Florida Statutes (2011), states that the JCC is not bound by technical or formal rules of procedure, this provision permits the JCC more latitude than judges of general jurisdiction, neither this section nor any other provision of the workers' compensation law excepts workers' compensation hearings from the rules of evidence.  Authentication of evidence is required as a condition precedent to admissibility.  See Section 90.901, Florida Statutes.  In this instance, the authorized treating physician had prepared a "to whom it may concern letter" expressing an opinion that the claimant's medical problems were not caused by the accident in this instance.  Court determined that on its face, this document appeared to have been prepared for the purposes of litigation in that it addressed a legal issue only and was not associated with a medical office visit.  Court determined that the doctor's letter was deemed hearsay not within the exceptions as set forth in Sections 90.803(4) or (6), Florida Statutes.  Court determined that JCC erred in relying on statements made in the doctor's letter.