Partners Will B. Ramhofer and W. Clint Moore obtained the reversal of a trial order finding of misconduct based on a purported positive drug screen resulting in termination from employment. At the trial level, the claimant was seeking indemnity benefits that were denied on grounds of termination for misconduct. The JCC allowed lay witness testimony from a defense witness to serve as the evidentiary basis for the positive drug results over hearsay objection. On rehearing, the JCC suggested that the hearsay objection was not preserved for appeal because a second question pertaining to the test results was elicited without objection. On appeal, the claimant argued that the JCC made a definitive ruling on the evidentiary issue and therefore repeat objection was not required under the Florida Evidence Code. The First District Court reversed and remanded the case for further findings following oral argument in Tallahassee Florida. The decision also created new law on the “one-time change” rule regarding treating physicians.
The case citation is Krysiak v. City of Kissimmee, 289 So. 3d 948 (Fla. 1st DCA 2020).