Boley Centers, Inc./Comp Options v. Vines
40 FLW D2581
Court determined that JCC erred in improperly considering medical testimony of a physician who was not a treating physician, independent medical examiner, or expert medical advisor. See Section 440.13(5)(e), Florida Statutes. However, such errror was harmless. There was no reasonable possibility that this error contributed to the result of the case or the decision of the judge or there was a reasonable possibility that a different result would be reached were the case remanded for reconsideration. The test for harmless error requires the beneficiary of the error to establish there was no reasonable possibility that the error contributed to the verdict.
The JCC does not have jurisdiction over reimbursement disputes between medical providers and carrier. The JCC has jurisdiction to resolve issues of medical necessity as between the claimant and the carrier.
Claimant was hospitalized on two occasions. The JCC ruled that the first hospitalization was not compensable but the second hospitalization was compensable. On appeal, court determined that the JCC's decision finding not compensable the first hospitalization was error. The facts that establish the second hospitalization as emergency services as concluded by the JCC were basically the same facts surrounding the first hospitalization.