SEMINOLE COUNTY and GALLAGHER BASSETT SERVICES, INC. v. DONALD OSBORNE

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, STATE OF FLORIDA SEMINOLE COUNTY and GALLAGHER BASSETT SERVICES, INC., Appellants, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D03-2569 v. DONALD OSBORNE, Appellee. _________________________/ Opinion filed July 14, 2004. An appeal from an order of the Judge of Compensation Claims. Thomas G. Portuallo, Judge. Michael Broussard, Sarah P. Reiner and Barbara A. Eagan of Broussard, Cullen, DeGailler & Eagan, P.A., Orlando, for Appellants. Stewart L. Colling, Orlando; Bill McCabe, Longwood, for Appellee. PER CURIAM. In this workers compensation case, we reverse the award of an EEG, biofeedback, a repeat EMG/nerve conduction study and a bone scan because the managed care grievance procedure had not been exhausted and, therefore, the judge of compensation claims lacked jurisdiction to consider the claim for those treatment modalities. See Castro v. AT & T Wireless Servs., Inc., 780 So. 2d 917 (Fla. 1st DCA 2000). In all other respects, the order is affirmed. AFFIRMED IN PART and REVERSED IN PART. BOOTH, WEBSTER and DAVIS, JJ., CONCUR. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.