Quiroga v. First Baptist Church at Weston

In this workers’ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) that accepts the opinion of one medical doctor over another and thereby denies benefits to Claimant. Notably, Claimant does not challenge the issue of whether the record evidence supports the denial of benefits. Rather, Claimant raises a very specific legal argument, positing that, although he never made a request for the JCC to appoint an expert medical advisor (EMA) as provided for in section 440.13(9)(c), Florida Statutes (2008), the JCC committed fundamental error by not…