Specialty Risk Services v. Fleming

The employer and carrier appeal an order that authorizes evaluation and treatment with a family practice physician. The appellants contend, among other things, that the order erroneously awards prescriptions for massage therapy and certain medications, since these benefits were not properly before the Judge of Compensation Claims. We agree with this argument.

Due process precludes a ruling on matters which have not been placed at issue, as the parties are entitled to notice in order to fairly present their case. See Commercial Carrier Corp. v. LaPointe, 723 So.2d 912, 915 (Fla. 1st DCA 1999);…