Opinion

Special Disability Trust Fund, Department of Labor & Employment Security v. South Florida Board Marriott/Marriott Casualty Claim

  • 775 So. 2d 423
  • 2001 Fla. App. LEXIS 93
  • 2001 WL 20821
Court
District Court of Appeal of Florida
Filed
Jan 10, 2001
Status
Published
Author
Barfield
On the bench
Barfield, Benton, Webster
Cited by
0 cases

The opinion

BARFIELD, C.J.

In this workers’ compensation appeal the Special Disability Trust Fund complains that the judge of compensation claims abused his discretion in relying on the testimony of Dr. Mellman to establish the cause of claimant’s obesity. Over appellant’s competency objection, Dr. Mell-man opined on possible causes of obesity in general and admitted that he had no expertise in the area of causes for obesity. It was an abuse of discretion to admit this testimony, and the testimony could not provide competent substantial evidence upon which the judge of compensation claims could base his ruling.

The order is reversed and the case remanded for further proceedings without the testimony of Dr. Mellman on the issue of obesity.

WEBSTER and BENTON, JJ„ concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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