Legal Opinion · Dissent

Trejo-Perez v. Arry's Roofing

District Court of Appeal of Florida

Decided June 3, 2014No. 1D13-1889Published

1DissentThomas, J.

I dissent, because in this case of first impression the majority opinion incorrectly *227denies a Spanish-speaking Claimant a medically necessary evaluation by a Spanish-speaking psychiatrist, a treatment which Claimant’s authorized treating neurologist specifically recommended that Claimant receive. No medical testimony supports the JCC’s view that the Spanish-speaking psychiatric evaluation is not medically necessary. In fact, as Claimant rightfully asserts, there is no contrary medical testimony at all on this point — the JCC simply rendered her own unqualified and unsubstantiated medical…

2Cases cited7 opinions

  1. Ullman v. City of Tampa Parks Dept.District Court of Appeal of Florida · 1993
  2. Wald v. GraingerSupreme Court of Florida · 2011
  3. Florida Detroit Diesel v. NathaiDistrict Court of Appeal of Florida · 2010
  4. Vadala v. Polk County School BoardDistrict Court of Appeal of Florida · 2002
  5. Nunez v. Pulte Homes, Inc.District Court of Appeal of Florida · 2008

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