Stacey Leavins v. The Geo Group, Inc. and Sedgwick CMS

In Stacey Leavins v. The Geo Group, Inc. and Sedgwick CMS the E/C objected to the admission into evidence of the medical records of Dr. Goeke asserting that Dr. Goeke’s opinions were not admissible because he was not an authorized physician, IME or an expert medical advisor. E/C also objected on hearsay and authentication grounds as to a voicemail left on Claimant’s phone. The list of requirements for authenticating recordings is: (1) the recording device was operating properly, (2) the device was operated in a proper manner, (3) the recording was accurate, (4) the voices of the persons speaking were identified. The E/C testified that the Claimant was notified by voicemail that her appointment was cancelled. The Claimant testified that she was never notified that her appointment had been cancelled. The JCC found that the evidence presented supports the Claimant’s position that the appointment was not cancelled and that the provider was an authorized physician. The claimed for surgery GRANTED.

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