ROMANO v. TRINITY SCHOOL FOR CHILDREN

No. 1D09-6072.

43 So.3d 928 (2010)

Sylvia ROMANO, Appellant, v. TRINITY SCHOOL FOR CHILDREN and Summit Claims Center, Appellees.

District Court of Appeal of Florida, First District.

September 13, 2010.


Attorney(s) appearing for the Case

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

Tina R. Balentine of Ross Vecchio, P.A., Lakeland; and Charles A. Flint, II of Ross Vecchio, P.A., Lakeland, for Appellees.


WOLF, J.

In this workers' compensation appeal, Claimant raises two issues. In the first issue, Claimant challenges the Judge of Compensation Claims' (JCC's) refusal to consider the opinion of a physician who provided treatment to Claimant during a period when the employer/carrier (E/C) wrongfully withheld medical care. Because claimant met her evidentiary and legal burden in proving the physician became authorized by operation of law under section 440.13(2)(c), Florida...

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