Legal Opinion

Certistaff, Inc. v. Owen

District Court of Appeal of Florida

Decided December 11, 2015No. 1D15-1513PublishedCited by 3 opinions

1Per curiam

In this workers’ compensation appeal, the Judge of Compensation Claims (JCC) rejected the presumptively correct opinion of the expert medical examiner (EMA) and determined instead that the major contributing cause (MCC) of Claimant’s need for the recommended shoulder replacement surgery was the workplace injury. We reverse because the JCC failed to articulate clear and convincing evidence contrary to the EMA’s opinion.

I

Claimant was employed as a gas tech, which he described.- as someone who worked on and installed gas appliances. Claimant testified that on December 5, 2013,' he was using a…

2Cases cited7 opinions

  1. Ullman v. City of Tampa Parks Dept.District Court of Appeal of Florida · 1993
  2. Gilbreth v. Genesis EldercareDistrict Court of Appeal of Florida · 2002
  3. MOBILE MEDICAL INDUSTRIES v. QuinnDistrict Court of Appeal of Florida · 2008
  4. Pizza Hut v. ProctorDistrict Court of Appeal of Florida · 2007
  5. Trejo-Perez v. Arry's RoofingDistrict Court of Appeal of Florida · 2014

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3Cited by3 opinions

  1. Baycare Home Care Medical Supply v. SantiagoDistrict Court of Appeal of Florida · 2017
  2. Hillsborough County School Board/Broadspire v. KubikDistrict Court of Appeal of Florida · 2017
  3. Teco Energy, Inc/ Teco Services, Inc. v. Michael K. WilliamsDistrict Court of Appeal of Florida · 2017

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