The First District of the Florida Court of Appeals ruled that surveillance evidence should be excluded for untimeliness only if there is actual prejudice to the opposing party.
In Medical Logistics, Inc. v. Marchines, No. 1D04-1367, 08/29/2005, in John Marchines's compensation hearing, the Judge of Compensation Claims (JCC) issued an order directing all evidence to be submitted to the opposing party 30 days prior to the final hearing. The employer/carrier (E/C) forwarded surveillance tapes it wanted submitted into evidence to Marchines's attorney 21 days before the final hearing. Although ...
Comments