Altemar v. LIFESPACE COMMUNITIES, Inc. dba Abbey Delray South / Sentry Claims Services
William H. Rogner
Altemar v. Lifespace Communities Inc./Sentry Claims,(Fla. 1st DCA 7/9/18) Expert Medical Advisors/Presumption of Correctness The DCA rejected all other issues on appeal and cross-appeal, and ruled only that the JCC inappropriately accorded a presumption of correctness to EMA with regard to the Claimant’s need for attendant care, as the evidence did not demonstrate a sufficient disagreement in the opinions of the health care providers on that ground. They held the E/C’s IME did not render a definitive opinion as to whether attendant care benefits were medically necessary at the time of the hearing, or whether the need for attendant care was caused by the compensable accident. As such, the JCC should have considered the EMA’s testimony regarding Claimant’s need for attendant care without the presumption of correctness ordinarily granted to EMA opinions.
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