Legal Opinion · Concurrence
David M. Baricko v. Barnett Transportation, Inc. and York Risk etc.
District Court of Appeal of Florida
Decided January 17, 2017No. CASE NO. 1D16-1304Published
1ConcurrenceWetherell, J.
Amongst the six issues raised by the Claimant in this workers’ compensation appeal is a claim that the Judge of Compensation Claims (JCC) erred in applying the Daubert1 test codified in section 90.702, Florida Statutes, because that test is not applicable unless and until it is adopted by the Florida Supreme Court in In re Amendments to the Florida Evidence Code, Case No. SC16-181. This claim is ■ unpreserved, and it is also frivolous..
This court specifically held in Giaimo v. Florida Autosport, Inc., 154 So.3d 385, 388 (Fla. 1st DCA 2014), that the Daubert test now applies in workers’…
2Cases cited7 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- US Sugar Corp. v. HensonSupreme Court of Florida · 2002
- William Booker v. Sumter County Sheriff's Office/North American etcDistrict Court of Appeal of Florida · 2015
- In Re Amendments to Fla. Evidence CodeSupreme Court of Florida · 2000
- Giaimo v. Florida Autosport, Inc.District Court of Appeal of Florida · 2014
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