Cases

The JCC accorded a presumption of correctness to the Expert Medical Advisor (EMA) with regard to the claimant's need for attendant care.  It was asserted on appeal that the presumption of correctness was inappropriate in this case because of the fact that the evidence did not demonstrate a sufficient disagreement in the opinions of the health care providers.  The employer/carrier's Independent Medical Examiner did not render a definitive opinion as to whether attendant care benefits were medically necessary at the time of the hearing or whether the need for attendant care was caused by the compensable accident. The court determined that the JCC should have considered the EMA's testimony regarding claimant's need for attendant care without the presumption of correctness ordinarily given to an EMA opinion.