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ST. AUGUSTINE MARINE CANVAS v. LUNSFORD

No. 1D04-5560.

917 So.2d 280 (2005)

ST. AUGUSTINE MARINE CANVAS & UPHOLSTERY, INC. and Associated Industries Insurance Company, Inc., Appellants, v. Mildred LUNSFORD, Appellee.

District Court of Appeal of Florida, First District.

December 19, 2005.

Attorney(s) appearing for the Case

Rayford H. Taylor, Esquire of Stiles, Taylor & Grace, P.A., Atlanta, GA, Mary Ann Stiles, Esquire of Stiles, Taylor & Grace, P.A., Tampa and John E. Hankal, Esquire of Taylor, Stiles & Grace, Jacksonville, for Appellants.

Raymond M. Ravis, Esquire of Anderson & Howell, P.A., Jacksonville, for Appellee.

BENTON, J.

On this appeal from a compensation order, we conclude that the judge of compensation claims erred in deeming Arnold Graham-Smith, M.D., an authorized treating physician on the supposed authority of section 440.13(3)(d), Florida Statutes (2002). On that basis, we reverse the award of medical benefits for Dr. Graham-Smith's services, as well as temporary total disability and permanent impairment benefits awarded in reliance on his testimony.

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