Legal Opinion

Witham v. Sheehan Pipeline Construction Co.

District Court of Appeal of Florida

Decided September 23, 2010No. 1D09-6263PublishedCited by 15 opinions

1Opinion of the CourtRoberts, J.

In this workers’ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) denying compensability of his claim. Specifically, Claimant asserts the JCC erred in 1) accepting the opinions of a toxicologist who was not an independent medical examiner, expert medical advisor or authorized treating provider; 2) rejecting the opinions of the expert medical advisor; and 3) denying his claim for attorney’s fees and costs. For the reasons explained below, we reverse the JCC’s order.

Background

In April 2008, the Employer hired Claimant as an outdoor laborer. On April…

2Cases cited11 opinions

  1. White Const. Co., Inc. v. DupontSupreme Court of Florida · 1984
  2. Linn v. FossumSupreme Court of Florida · 2006
  3. National Union Fire Ins. Co. v. BlackmonDistrict Court of Appeal of Florida · 2000
  4. Sanlando Utility Corp. v. MorrisDistrict Court of Appeal of Florida · 1982
  5. Turner v. G. Pierce Wood Memorial Hosp.District Court of Appeal of Florida · 1992

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3Cited by15 opinions

  1. Special v. BauxDistrict Court of Appeal of Florida · 2011
  2. Johnson v. StateDistrict Court of Appeal of Florida · 2016
  3. R.J. Reynolds Tobacco Co. v. MackDistrict Court of Appeal of Florida · 2012
  4. Miami Dade County School Board v. SmithDistrict Court of Appeal of Florida · 2013
  5. Robinson v. CSX Transportation, Inc.District Court of Appeal of Florida · 2012

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