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
CourtDistrict Court of Appeal of Florida
DecidedJune 25, 1997
DocketNo. 96-4616
StatusPublished

This text of 697 So. 2d 537 (Dalzell v. Mercy Hospital) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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Bluebook (online)
697 So. 2d 537, 1997 Fla. App. LEXIS 7208, 1997 WL 345326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dalzell-v-mercy-hospital-fladistctapp-1997.