Florida District Courts of Appeal, 2000

Winter Haven Hospital v. Nevius

Winter Haven Hospital v. Nevius
Florida District Courts of Appeal · Decided July 14, 2000 · Ervin, Larry, Smith, Webster
761 So. 2d 1250; 2000 Fla. App. LEXIS 8948; 2000 WL 966358 (Southern Reporter, Second Series)

Winter Haven Hospital v. Nevius

Opinion of the Court

PER CURIAM.

In this workers’ compensation case, we affirm the award of temporary partial disability benefits from August 1, 1998, to March 21, 1999, as supported by competent substantial evidence. However, we reverse that portion of the order which appointed Dr. Susan Filsov to administer neuropsychological testing because the claimant offered no legally valid reason for her refusal to submit to testing by the individual authorized by the employer and *1251servicing agent. See TW Services, Inc. v. Aldrich, 659 So.2d 318 (Fla. 1st DCA 1994) (section 440.13, Florida Statutes, gives to the employer and carrier the right of initial selection of treating and evaluating health care providers).

AFFIRMED IN PART and REVERSED IN PART.

ERVIN and WEBSTER, JJ., and SMITH, LARRY G., Senior Judge, CONCUR.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.