Arnau v. Winn Dixie Stores

In this workers’ compensation appeal, Claimant asserts the Judge of Compensation Claims (JCC) erred in denying Claimant’s request for an evaluation by a thoracic surgeon and in denying claims for temporary indemnity benefits. Based on the record, the JCC improperly rejected the opinion of the expert medical advisor (EMA) because no clear and convincing evidence rebutted that opinion. Accordingly, we reverse as to all issues, including the denial of temporary indemnity benefits from July 20, 2009, onward (along with penalties, interest, costs, and attorney’s fees).

Background

While within the…