Merritt Manor Nursing Home v. Caldwell

Appellants, Merritt Manor Nursing Home and Constitution State Service Company (employer and carrier respectively, hereinafter “E/C”), appeal an order of the Judge of Compensation Claims (“JCC”) awarding the claimant PTD benefits. We affirm.

The E/C argue that Dr. Kaplan’s testimony was inadmissible pursuant to section 440.13(5)(e), Florida Statutes (Supp.1994), because Dr. Kaplan was an unauthorized independent medical examiner. The claimant’s industrial accident occurred on June 20,1993. Because the application of section 440.13(5)(e), Florida Statutes (Supp.1994), to exclude Dr. Kaplan’s…