Taylor v. TGI Friday's, Inc.
Taylor v. TGI Friday's, Inc.
Opinion of the Court
In this workers’ compensation appeal, Richard Taylor, Claimant, argues that the Judge of Compensation Claims (JCC) erred by denying Claimant’s claim for payment of medical bills related to the symptoms Claimant demonstrated when he presented to the hospital for treatment. Because the expert medical advisor (EMA) testified that the compensable injury was the major contributing cause (MCC) of the collection of symptoms that led to the treatment provided to Claimant, and because the JCC failed to cite clear and convincing evidence sufficient to reject the presumed correctness of the EMA’s opinion, we REVERSE.
An EMA’s opinion has nearly conclusive effect, Pierre v. Handi Van. Inc., 717 So.2d 1115 (Fla. 1st DCA 1998), and is presumed to be correct unless the JCC finds and articulates clear and convincing evidence to the contrary. See § 440.13(3)(c), Fla. Stat. (2006); see also Amos v. Gartner, Inc., 17 So.3d 829 (Fla. 1st DCA 2009). Although the JCC states that she relied upon the EMA’s medical
REVERSED and REMANDED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.