Narrative Opinion Summary
The case centers on an appeal by the claimant against the denial of certain compensation claims by the judge of compensation claims (JCC). The claimant's requests for attendant care and home modifications, as well as the compensability of her left vocal cord paralysis, were denied. The court upheld the JCC's decision, finding no abuse of discretion in the admission of testimony from Dr. Farber, her treating physician. Dr. Farber had initially recommended extensive care but revised his opinion after reviewing surveillance evidence. Despite the exclusion of this evidence due to discovery violations, the court found that Dr. Farber's testimony was admissible under section 90.704 of the Florida Statutes, which allows expert opinions based on inadmissible data if it is reasonably relied upon by experts in the field. The court also addressed the admissibility of the surveillance evidence under the business records exception, determining that the testimony met the statutory requirements. However, any error in admitting Dr. Farber's opinion was considered harmless. The claimant's failure to preserve the issue of the vocal cord paralysis for appeal resulted in the affirmation of its denial. The court ultimately affirmed the JCC's decisions, with concurrences from Judges Davis and Benton.
Legal Issues Addressed
Admissibility of Expert Testimony under Section 90.704, Florida Statutessubscribe to see similar legal issues
Application: The court found that the JCC did not abuse discretion in admitting Dr. Farber's testimony which was based on facts or data permissible under section 90.704, even if the underlying data was excluded from evidence.
Reasoning: The admissibility of Dr. Farber's opinion testimony, which influenced the denial of requested attendant care, hinges on the interpretation of section 90.704, Florida Statutes, and requires de novo review.
Business Records Exception under Section 90.803(6), Florida Statutessubscribe to see similar legal issues
Application: Testimony from Louis Ferlanti met the foundational requirements for the business records exception, despite challenges to his personal involvement and the authorship of reports.
Reasoning: The foundational requirements for business records include: 1) timely creation of the record, 2) information from a knowledgeable source, 3) maintenance in regular business operations, and 4) a routine practice of record-keeping.
Harmless Error Doctrinesubscribe to see similar legal issues
Application: The potential error in admitting Dr. Farber's opinion based on excluded surveillance evidence was deemed harmless as the opinion did not rely solely on that evidence.
Reasoning: Although the JCC allowed Dr. Farber's opinion on the surveillance evidence, any potential error was deemed harmless as Dr. Farber did not rely solely on that evidence for his conclusions.
Preservation of Issues for Appealsubscribe to see similar legal issues
Application: The claimant's failure to preserve the issue regarding the vocal cord paralysis claim for review led to the affirmation of the denial.
Reasoning: King failed to preserve the issue regarding her vocal cord paralysis for review, leading to an affirmation of all contested denials.