Battaglino v. State of Florida Department of Corrections / Divison of Risk Management

Rex A. Hurley

JCC Anderson (Daytona Beach)(2-20-19) – Denied Claimant’s Emergency Motion to Prevent Ex Parte Doctor Conference, finding 1994 and 2003 amendments to section 440.13(4)(c), Florida Statutes, effectively overruled the holding in Holiday Inn vs. Re., 643 So. 2d 13 (Fla. 1st DCA 1994). See JCC Lewis’s July 24, 2012, order in Kelly-Olayemi v. Broward County School Board, OJCC No: 10-027527DAL. The JCC noted that any ex parte doctor conference must be limited to a discussion of conditions relating to the workplace injury as required by section 440.13(4)(c).
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