Fowler v. Escambia Cnty. Sch. Bd., 991 So. 2d 407 (Fla. 1st DCA 2008). · Go Syfert
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Fowler v. Escambia Cnty. Sch. Bd., 991 So. 2d 407 (Fla. 1st DCA 2008). Cases Citing This Book View Copy Cite
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cited 2× by 1 distinct case, last quoted 2009 · …was not authorized to treat cjlaimant's shoulder, ... did not examine her shoulder, and ... did not review any diagnostic studies or medical records pertaining to her shoulder other than a letter from cjlaimant's previous doctor ... noting her complaints of shoulder pain. ⚠ not in text
17 citation events (17 in the last 25 years) across 1 distinct court.
Strongest positive: Lowe's Home Centers, Inc. and Sedgwick CMS v. Sandra K. Beekman (fladistctapp, 2016-03-03)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited as authority (rule) Lowe's Home Centers, Inc. and Sedgwick CMS v. Sandra K. Beekman
Fla. Dist. Ct. App. · 2016 · confidence medium
It is in this vein that we determined in Dawson v. Clerk of Circuit Court-Hillsborough County, 991 So.2d 407, 410-11 (Fla. 1st DCA 2008), that a physician authorized to treat only the claimant’s wrist was nonetheless an “authorized treating physician” whose testimony concerning the claimant’s shoulder was admissible under section 440.13(5)(e), Florida Statutes (2004), which provides that “[n]o medicál opinion other than the opinion of a[n EMA], and independent medical examiner, or an authorized treating provider is admissible in proceedings before the [JCCs]”.
discussed Cited as authority (rule) Steinberg v. City of Tallahassee/City of Tallahassee Risk Management
Fla. Dist. Ct. App. · 2016 · confidence medium
Id. at 411 (noting Dr. Greene’s opinions about shoulder were not CSE because he did not examine claimant’s shoulder or review medical records pertaining thereto and was not authorized to treat shoulder).
discussed Cited as authority (rule) Medina v. Fontainebleau Hilton
Fla. Dist. Ct. App. · 2011 · confidence medium
See, e.g., Dep’t of Revenue v. Groman, 46 So.3d 1058, 1060-61 (Fla. 1st DCA 2010); Taylor v. TGI Friday’s, Inc., 16 So.3d 312, 313 (Fla. 1st DCA 2009); Dawson v. Clerk of Cir. Ct.-Hillsborough County, 991 So.2d 407, 411 (Fla. 1st DCA 2008).
discussed Cited as authority (rule) Harrell v. Citrus County School Board
Fla. Dist. Ct. App. · 2010 · confidence medium
Likewise, this change is mandatory “regardless of the E/C’s position as to either the change of physician or the new physician’s treatment.” Dawson v. Clerk of Circuit Court-Hillsborough County, 991 So.2d 407, 409 (Fla. 1st DCA 2008).
discussed Cited as authority (rule) Brown v. Vanguard Security
Fla. Dist. Ct. App. · 2009 · confidence medium
Further, Dawson v. Clerk of Circuit Court-Hillsborough County, 991 So.2d 407, 411 (Fla. 1st DCA 2008), filed as supplemental authority and argued by the Employer/Carrier at oral argument, does not provide support for affirming the JCC’s order.
discussed Cited "see, e.g." Llerena v. Spillis, Candela & Partners, Inc.
Fla. Dist. Ct. App. · 2011 · signal: see also · confidence medium
See, e.g., Vazquez v. Wendy’s, 931 So.2d 152, 152 (Fla. 1st DCA 2006); Fla. Fish & Wildlife Comm’n v. Pringle, 770 So.2d 696, 697 (Fla. 1st DCA 2000); see also, e.g., Dawson v. Clerk of Cir. Ct.-Hillsborough County, 991 So.2d 407, 411 (Fla. 1st DCA 2008).
discussed Cited "see, e.g." Taylor v. TGI Friday's, Inc. (2×)
Fla. Dist. Ct. App. · 2009 · signal: see also · confidence low
See Vazquez v. Wendy’s, 931 So.2d 152 (Fla. 1st DCA 2006) (holding claimant who was ordered to attend a functional capacity evaluation which did not meet the specifications set forth by treating physician, did not establish irreparable harm); see also Dawson v. Clerk of Circuit Court-Hillsborough County, 991 So.2d 407 (Fla. 1st DCA 2008) (reversing JCC’s appointment of an EMA on plenary appeal, where disagreement in opinions of physicians was not supported by competent substantial evidence).
Retrieving the full opinion text from the archive…
Jackie FOWLER, Appellant,
v.
ESCAMBIA COUNTY SCHOOL BOARD, Appellee.
1D07-4826.
District Court of Appeal of Florida, First District.
Sep 22, 2008.
991 So. 2d 407
2008 Fla. App. LEXIS 14524
2008 WL 4287155
Per Curiam.
Cited by 1 opinion  |  Published

H.B. Stivers of Levine, Stivers & Myers, Tallahassee, for Appellant.

Joseph L. Hammons of Hammons, Hammons & Whittaker, Pensacola, for Appellee.

PER CURIAM.

Jackie Fowler appeals from an order of the Escambia County School Board, upholding Fowler's termination from employment. In so doing, the School Board rejected the recommendation of the administrative law judge who conducted a formal hearing of Fowler's challenge to her termination and ultimately recommended that Fowler be reinstated. The School Board improperly rejected a number of the ALJ's findings of fact. The material factual findings in the judge's recommended order were supported by competent substantial evidence, so the School Board was not at liberty to reject or modify them. See § 120.57(1)(l), Fla. Stat. (2007); Prysi v. Dep't of Health, 823 So.2d 823, 825 (Fla. 1st DCA 2002); Strickland v. Fla. A & M Univ., 799 So.2d 276 (Fla. 1st DCA 2001); Dep't of Bus. & Prof'l Reg. v. McCarthy, 638 So.2d 574 (Fla. 1st DCA 1994); Greseth v. Dep't of Health & Rehab. Servs., 573 So.2d 1004 (Fla. 4th DCA 1991); Ferris v. Austin, 487 So.2d 1163 (Fla. 5th DCA 1986); Forehand v. Sch. Bd. of Washington County, 481 So.2d 953 (Fla. 1st DCA 1986); Heifetz v. Dep't of Bus. Reg., Div. of Alcoholic Beverages & Tobacco, 475 So.2d 1277, 1281-83 (Fla. 1st DCA 1985).

We therefore reverse and remand for entry of a final order adopting the material findings, conclusions and recommendations of the administrative law judge.

Reversed and remanded.

BROWNING, C.J., PADOVANO, and POLSTON, JJ., concur.