Court: District Court of Appeal of Florida; January 28, 1999; Florida; State Appellate Court
Appellants, the employer and carrier, contest a worker's compensation order that deemed Ingabarg Kirksey's medical condition compensable. The court found that the Judge of Compensation Claims (JCC) incorrectly admitted testimony from Kirksey’s treating physician, Dr. Charles Slattery, which was the sole medical evidence linking her condition to a workplace fall. The court reversed the JCC's decision without remanding for further proceedings, stating that even if Dr. Slattery's testimony were admissible, it was insufficient to establish that the employment incident was the major contributing cause of Kirksey's medical issues.
Kirksey, a maintenance worker at Wal-Mart, fell at work but initially declined medical treatment, self-treating with over-the-counter medications until her pain escalated. After seeking medical attention, x-rays showed no injuries, and she underwent treatment for pain and numbness related to her fall. Dr. Slattery, who was not authorized by the carrier, provided her care. An independent examination by Dr. E.F. Swan suggested a psychological component to her complaints, leading to a further psychiatric evaluation authorized by the carrier.
Kirksey later sought reimbursement for Dr. Slattery’s services and indemnity benefits, which the employer/carrier contested. At the JCC hearing focused solely on compensability, Kirksey attempted to present Dr. Slattery as a witness despite him not being listed in the pre-trial stipulation and lacking authorization. The JCC ruled in favor of admitting Dr. Slattery’s testimony, which the court deemed erroneous, citing relevant statutes that limit admissible medical opinions to those from authorized providers or independent medical examiners. The court emphasized that a claimant must actively request an independent medical examiner when disputing the employer/carrier’s evaluations, and a JCC cannot independently designate an unauthorized physician as an examiner, as this would undermine legislative intent.
Claimant's assertion that the JCC should have designated Dr. Slattery as an 'authorized treating provider' is rejected, as such a designation would be erroneous since Dr. Slattery was not specifically authorized by the employer/carrier, citing Rucker v. City of Ocala. The record does not support the claim that Dr. Slattery was effectively authorized when the claimant sought medical treatment at the local emergency room, despite being the admitting physician; Dr. Slattery's testimony indicated he did not see the claimant regarding the industrial accident until April 3, 1996, after her hospital discharge. Additionally, the medical evidence provided by the claimant is deemed inadmissible and insufficient to prove that the industrial accident was 'the major contributing cause' of the claimant's medical condition, per Florida Statute 440.09(1) and Orange County MIS Dept. v. Hak. Consequently, the order under review is reversed. Judges Booth, Van Nortwick, and Padovano concur.
