Employer Lost Ability to Raise Defense That Wasn't Included in Pre-Trial Stipulation

Florida’s 1st District Court of Appeal ruled that an employer’s failure to identify its defense to a worker’s request for a change in authorized treating doctor as part of its pretrial stipulations resulted in forfeiture of the defense. Case: McFarlane v. Miami-Dade Transit Authority, No. 1D16-2080, 04/11/2017, published. Facts: Dianne McFarlane injured her wrist and shoulder while working for the Miami-Dade Transit Authority in August 2009. Her employer authorized Dr. Kenneth Hodor to provide treatment for her wrist, and it authorized Dr. Robert Baylis to treat McFarlane&r...