LOMBARDI v. SOUTHERN WINE & SPIRITS

No. 1D03-4061.

890 So.2d 1128 (2004)

Robert A. LOMBARDI, Appellant, v. SOUTHERN WINE & SPIRITS and Fireman's Fund, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied January 14, 2005.


Attorney(s) appearing for the Case

David Rickey, Orlando and Bill McCabe, Longwood, for Appellant.

Doreen E. Lasch of Conroy, Simberg, Ganon, Krevans & Abel, P.A., Hollywood, for Appellees.


KAHN, J.

May a claimant entitled to workers' compensation benefits under section 440.13, Florida Statutes (2001), receive a second medical opinion at the expense of the employer/carrier (E/C)? We hold that such an opinion may be required, contingent, however, upon an evidentiary showing that such is both reasonable and medically necessary. We reverse because the JCC denied the request below as a matter of law.

Claimant, Robert Lombardi, suffered a back injury...

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