Travelers Insurance Company and Ann Taylor v. Armstrong
38 FLW D1499
When a JCC rejects the opinion of an expert medical advisor, on appeal, the record is reviewed for competent and substantial evidence to support the JCC's determination that clear and convincing evidence existed to contradict the EMA's opinion. In this case, because the JCC failed to articulate clear and convincing reasons for rejecting the EMA's opinion testimony, the JCC erred in awarding the requested benefits claimed by the claimant. Likewise, the JCC erred in awarding attorney's fees and costs.