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M.D. TRANSPORT v. PASCHEN

No. 1D07-2373.

996 So.2d 902 (2008)

M.D. TRANSPORT and Gallagher Bassett Services, Inc., Appellants, v. William PASCHEN, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 29, 2008.

Attorney(s) appearing for the Case

Kevin G. Malchow and Keef F. Owens of Zimmerman, Kiser & Sutcliffe, P.A., Orlando, for Appellants.

Laurie T. Miles of Smith, Feddeler, Smith & Miles, P.A., Lakeland; Susan W. Fox of Fox & Loquasto, P.A., Tampa; and Wendy S. Loquasto of Fox & Loquasto, P.A., Tallahassee, for Appellee.

PER CURIAM.

In this workers' compensation appeal, the Employer/Carrier (E/C) argue the judge of compensation claims (JCC) erred on three grounds. First, the E/C argue the JCC erred in holding Claimant's claim for psychiatric treatment was not barred by res judicata. The remaining two grounds challenge the JCC's determination that sections 440.25(4)(d) and 440.192(9), Florida Statutes, are substantive rather than procedural. The challenge to section 440.192(9), Florida...

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