Legal Opinion · Concurrence

Marin v. Aaron's Rent to Own

District Court of Appeal of Florida

Decided December 3, 2010No. 1D10-0824Published

1ConcurrenceKahn, J.

I agree with the majority opinion. In fact, that opinion is a fine and concise explanation of the use of stipulations by parties to workers’ compensation matters. Unfortunately, the opinion is in conflict with Salinas v. C.A.T. Concrete, LLC, 46 So.3d 600 (Fla. 1st DCA 2010). In Sail-*1051nas, a panel of this court held, “a JCC is not required to follow a stipulation that is refuted by competent, substantial evidence.” Id. at 600.

Here, given the length of time between the stipulation and the hearing, the E/C argued that medical necessity no longer supported provision of the medical specialty in…

2Cases cited2 opinions

  1. Fast Tract Framing, Inc. v. CaraballoDistrict Court of Appeal of Florida · 2008
  2. Salinas v. C.A.T. Concrete, LLCDistrict Court of Appeal of Florida · 2010

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