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

> District Court of Appeal of Florida · January 10, 2001 · 775 So. 2d 423

URL: https://www.frixlaw.com/law-library/cases/7737934

## Case

- **Full name:** SPECIAL DISABILITY TRUST FUND, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, State of Florida v. SOUTH FLORIDA BOARD MARRIOTT/MARRIOTT CASUALTY CLAIM
- **Court:** District Court of Appeal of Florida
- **Decided:** January 10, 2001
- **Citations:** 775 So. 2d 423; 2001 Fla. App. LEXIS 93; 2001 WL 20821
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Barfield
- **Judges:** Barfield, Benton, Webster
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7737934

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7737934. Public record. Not legal advice.
