Cases

JCC entered an order compelling the claimant's psychologist to testify by deposition concerning the psychologist's opinions related to fitness-for-duty evaluations.  Claimant's attorney objected to the testimony of the psychologist alleging that information in the possession of the psychologist was protected by the psychotherapist-patient privilege in Section 90.503, Florida Statutes.

On appeal, court determined that order of JCC requiring psychologist to testify in the deposition was not in violation of this privilege.  The psychologist's testimony concerning fitness-for-duty evaluations for the claimant is not privileged. The subpoena issued by the employer/carrier requested any and all medical records relating to the claimant from the date the claimant was first seen by the doctor.  This subpoena was inconsistent with the JCC's order requiring the production of information only as related to the claimant's fitness-for-duty. However, the court concluded that they were confident, upon request, that the JCC would conduct the required in-camera review of the doctor's records before the doctor's deposition to ensure that no irrelevant or privileged information unrelated to the claimant's fitness-for-duty evaluation would be produced.