Home/District Court of Appeal of Florida/Dalzell v. Mercy Hospital

Dalzell v. Mercy Hospital

697 So. 2d 537, 1997 Fla. App. LEXIS 7208, 1997 WL 345326
District Court of Appeal of Florida·Decided June 25, 1997·No. No. 96-4616·Published

Opinions

PER CURIAM.

The JCC was entitled to reject the opinion of the only physician who testified that the claimant’s disability was work-related. This witness, a Dr. Wand, formed his opinion without the benefit of existing base line information (which he did look over af-terwards). Even more disconcerting, Dr. Wand certified that the claimant’s problems were not job-related in submitting bills to her health insurer. His testimony as to causation was impeached on this basis. The JCC was under no legal obligation to accept Dr. Wand’s self-serving explanation for the inconsistent positions he took.

Affirmed.

BARFIELD, C.J., and BENTON, J., concur. ERVIN, J., dissents with opinion.

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Dalzell v. Mercy Hospital, 697 So. 2d 537, 1997 Fla. App. LEXIS 7208, 1997 WL 345326 (Fla. Ct. App. 1997).

697 So. 2d 537 (Dalzell v. Mercy Hospital) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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