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RYAN'S FAMILY STEAKHOUSE v. WHITLOCK

No. 1D04-441.

886 So.2d 247 (2004)

RYAN'S FAMILY STEAKHOUSE and United Self Insured Services, Appellants, v. Mary WHITLOCK, Appellee.

District Court of Appeal of Florida, First District.

October 18, 2004.

Attorney(s) appearing for the Case

Kimberly M. Reid of Alvarez, Sambol, Winthrop & Madson, P.A., Orlando, for Appellants.

Daniel P. Faherty of Cianfrogna, Telfer, Reda, Faherty & Anderson, P.A., Titusville, for Appellee.

PER CURIAM.

The Employer/Carrier appeal an order of the Judge of Compensation Claims finding compensability and awarding medical and indemnity benefits based on the JCC's exclusion of certain evidence.

Exclusion of evidence is generally within the province of the JCC. Nevertheless, to exclude a witness from testifying, prejudice must be shown to the objecting party, such as surprise or unfair disadvantage. Cedar...

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