Legal Opinion

Russell v. Orange County Public Schools Transportation

District Court of Appeal of Florida

Decided April 20, 2010No. 1D09-3974PublishedCited by 2 opinions

1Opinion of the CourtWolf, J.

Claimant seeks review of an order denying her requested workers’ compensation benefits. While claimant raises several issues, only two merit discussion. Specifically, we reverse because we find the Judge of Compensation Claims (JCC) erred in excluding the medical opinion of an orthopedic physician, Dr. Richard Smith, who was at one time claimant’s authorized provider. Further, as a result of this erroneous exclusion, we likewise find the JCC erred in declining to order an expert medical advisor’s opinion (EMA) based on the disagreement of two admissible medical opinions as required by section…

2Cases cited6 opinions

  1. Murray v. Mariner HealthSupreme Court of Florida · 2008
  2. Starr Tyme, Inc. v. CohenSupreme Court of Florida · 1995
  3. Rucker v. City of OcalaDistrict Court of Appeal of Florida · 1996
  4. Frederick v. United AirlinesDistrict Court of Appeal of Florida · 1997
  5. Seminole County School Bd. v. TweedieDistrict Court of Appeal of Florida · 2006

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3Cited by2 opinions

  1. Lowe's Home Centers, Inc. and Sedgwick CMS v. Sandra K. BeekmanDistrict Court of Appeal of Florida · 2016
  2. ABM Industries, Inc. and ACE/ESIS v. Maritza ValenciaDistrict Court of Appeal of Florida · 2021

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