Sierra v. Metropolitan Protective Services

In this workers’ compensation appeal, Claimant argues that the Judge of Compensation Claims (JCC) erred when he (1) failed to award a statutory attorney’s fee for successful prosecution of a medical benefit, which was resolved prior to trial; (2) failed to find that the Employer/Carrier (E/C) had waived the right to deny com-pensability of his post-traumatic stress disorder (PTSD); and (3) rejected Claimant’s Daubert objection to medical opinion testimony as “inappropriately preserved.” For the reasons discussed below, we modify the appealed order with regard to the attorney’s fee issue. We…