Florida Power & Light v. Garner

Florida Power and Light and Wausau Insurance Company, the employer carrier (E/C), raise five issues on appeal. We find one issue to be dispositive; the judge of compensation claims (JCC) should have re-cused himself prior to entering the final order in this case. It is, therefore, unnecessary for us to reach the other issues.

A hearing was held on Teresa Garner’s claim for permanent and total disability *156(PTD) benefits in December 1997. At the hearing, the E/C moved for the appointment of an expert medical advisor (EMA). The JCC, however, denied the motion as untimely. Following the hearing,…