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HORTICULTURE PLUS, INC. v. ASH

No. 1D00-611.

791 So.2d 535 (2001)

HORTICULTURE PLUS, INC., and Florida Retail Federation Self Insurer's Fund, Appellants, v. Vincent Michael ASH, Appellee.

District Court of Appeal of Florida, First District.

July 26, 2001.

Attorney(s) appearing for the Case

H. George Kagan and Elaine L. Thompson, Miller, Kagan, Rodriguez, and Silver, P.A., West Palm Beach, for Appellants.

Vincent A. Lloyd, Lloyd, Hoskins, & Pierce, Ft. Pierce; Lisa D. Harpring, Harpring & Harpring, LLP, Vero Beach, for Appellee.

POLSTON, J.

Employee Vincent Ash died on October 18, 1997, and is survived by his wife, Amy Ash, and his minor daughter. The parties dispute whether Mr. Ash's death was caused by (i) heart disease, or (ii) exposure to the herbicide Diquat Dibromide in combination with the physical exertion necessitated to spray the herbicide. Appellants assert that the Judge of Compensation Claims ("JCC") erred by not appointing an expert medical advisor ("EMA") pursuant to section...

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