Legal Opinion

Arlotta v. City of West Palm Beach

District Court of Appeal of Florida

Decided March 26, 2012No. 1D11-1877Published

1Per curiam

In this workers’ compensation case, the Judge of Compensation Claims (JCC) found Claimant waived his right to a previously ordered evaluation by an expert medical advisor (EMA). The JCC then cancelled the EMA evaluation and addressed the pending claims without the benefit of the EMA report or competent evidence supporting the cancellation. In doing so, the JCC reversibly erred.

Background

On July 27, 2007, Claimant, a police officer, strained his quadriceps tendons bilaterally and the Employer/Carrier (E/C) accepted compensability of the knee injuries. As a part of Claimant’s treatment regimen,…

2Cases cited6 opinions

  1. Palm Springs General Hosp. v. CabreraDistrict Court of Appeal of Florida · 1997
  2. Martinez v. Collier County Public SchoolsDistrict Court of Appeal of Florida · 2002
  3. Broward Children's Center, Inc. v. HallDistrict Court of Appeal of Florida · 2003
  4. At& T WIRELESS v. FrazierDistrict Court of Appeal of Florida · 2004
  5. Chapman v. NationsbankDistrict Court of Appeal of Florida · 2004

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