Cases

Court determined that it was an abuse of discretion by the JCC in failing to allow for a continuance of a hearing to take the deposition of a doctor or allow for post-hearing depositions to be taken in accordance with Rule 60Q-6.121(5).  The treating physician's deposition had been scheduled but at a wrong address where the doctor was located.  The deposition could not be rescheduled before the final hearing although the employer/carrier's attorney had offered to take the deposition by telephone.  Such denial constituted reversal error since the right of a litigant to call witnesses is an important due process right.

Claimant had argued that it was harmless error not to allow for the deposition to be taken.  The test for harmless error in workers' compensation cases is whether "but for error, a different result may have been reached." The proper inquiry centers upon whether the error may yield a different result than that which was determined by the JCC.

The final determination made by the court was that it was an abuse of discretion for the JCC to deny the employer/carrier' right to take the deposition of the claimant's authorized doctor.