Perry v. City of St. Petersburg
40 FLW D1855
The Evidence Code applies to workers' compensation proceedings. Effective July 1, 2013, the Legislature amended Section 90.702, Florida Statutes, and adopted the admissibility test first described in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S.579(1993) commonly referred to as the Daubert test. This test must be applied to ascertain the admissibility of a treating neurosurgeon's expert opinion on apportionment. Court remanded case with directions that JCC apply the Daubert test as codified in the Florida Evidence Code to determine whether the doctor's expert opinion was admissible. See Giaimo v. Florida Autosport, Inc., 154 So. 3d 385(Fla. 1st DCA 2014) and Booker v. Sumter County Sheriff's Office, 40 FLW D1291(Fla. 1st DCA 2015).