Dawnmarie MacArthur v. Dillard’s

Dawnmarie MacArthur v. Dillard’s (Gallagher Bassett Service) | Tampa Workers’ Compensation Case

At the commencement of the final hearing of Dawnmarie MacArthur v. Dillard’s, the claimant’s Daubert objection was considered by the JCC. Their objection was that the employer’s independent medical examiner (IME) was a general orthopedic physician and not qualified to testify for the medical issues of the claimant.

The objection was timely but still overruled since it was not found to be facially sufficient. The authorized physician recommended surgery for the claimant, but the employer failed to authorize or respond to the request for the procedure. It was determined that their lack of response waived the right to contest the medical necessity of the procedure. The employer attempted a motion to appoint an EMA, but the motion was denied due to no evidence of conflict. The claim for authorization of surgery was granted.

Authorization of surgery GRANTED
Attorney fees GRANTED

The 440 Authority

Leave a Reply