Winter Haven Hospital v. Nevius

District Court of Appeal of Florida

Winter Haven Hospital v. Nevius

761 So. 2d 1250, 2000 Fla. App. LEXIS 8948, 2000 WL 966358

CourtDistrict Court of Appeal of Florida

DecidedJuly 14, 2000

DocketNo. 1D99-2885

StatusPublished

This text of 761 So. 2d 1250 (Winter Haven Hospital v. Nevius) 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

Winter Haven Hospital v. Nevius, 761 So. 2d 1250, 2000 Fla. App. LEXIS 8948, 2000 WL 966358 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

In this workers’ compensation case, we affirm the award of temporary partial disability benefits from August 1, 1998, to March 21, 1999, as supported by competent substantial evidence. However, we reverse that portion of the order which appointed Dr. Susan Filsov to administer neuropsychological testing because the claimant offered no legally valid reason for her refusal to submit to testing by the individual authorized by the employer and [1251]*1251servicing agent. See TW Services, Inc. v. Aldrich, 659 So.2d 318 (Fla. 1st DCA 1994) (section 440.13, Florida Statutes, gives to the employer and carrier the right of initial selection of treating and evaluating health care providers).

AFFIRMED IN PART and REVERSED IN PART.

ERVIN and WEBSTER, JJ., and SMITH, LARRY G., Senior Judge, CONCUR.

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PER CURIAM.

In this workers’ compensation case, we affirm the award of temporary partial disability benefits from August 1, 1998, to March 21, 1999, as supported by competent substantial evidence. However, we reverse that portion of the order which appointed Dr. Susan Filsov to administer neuropsychological testing because the claimant offered no legally valid reason for her refusal to submit to testing by the individual authorized by the employer and [1251]*1251servicing agent. See TW Services, Inc. v. Aldrich, 659 So.2d 318 (Fla. 1st DCA 1994) (section 440.13, Florida Statutes, gives to the employer and carrier the right of initial selection of treating and evaluating health care providers).

AFFIRMED IN PART and REVERSED IN PART.

ERVIN and WEBSTER, JJ., and SMITH, LARRY G., Senior Judge, CONCUR.

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Bluebook (online)

761 So. 2d 1250, 2000 Fla. App. LEXIS 8948, 2000 WL 966358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winter-haven-hospital-v-nevius-fladistctapp-2000.

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