Cases

Court determined that JCC erred in excluding the opinion of an Expert Medical Advisor who commented on issues that were not certified to him for determination.  In reversing the JCC's order excluding such evidence, court determined that the EMA's opinion should have been admitted into evidence but without attributing to it the presumption of correctness prescribed in Subsection 440.13(9), Florida Statutes.  See Lowe's Home Ctrs Inc., v. Beekman, 187 So.2d 318(Fla. 1st DCA 2016).

JCC relied on the EMA's opinion in denying temporary total disability benefits to the claimant. This denial of benefits was despite evidence that the claimant's authorized treating physician had taken him off of work entirely and never informed him that he could return to work.  The appellate court determined that this was error to deny benefits holding that an injured worker can rely on an authorized treating provider's instruction to refrain from work "even assuming retrospective testimony that claimant could have worked during this period." Charles v. Suwannee Swifty, 622 So.2d 114, 115(Fla. 1st DCA 1993).