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ARNAU v. WINN DIXIE STORES

No. 1D12-1318.

105 So.3d 669 (2013)

Jorge ARNAU, Appellant, v. WINN DIXIE STORES and Sedgwick CMS, Appellees.

District Court of Appeal of Florida, First District.

February 5, 2013.

Attorney(s) appearing for the Case

Bill McCabe , Longwood, and Michael G. Srebnick , Miami, for Appellant.

William H. Rogner of Hurley, Rogner, Miller, Cox, Waranch & Westcott, P.A., Winter Park, for Appellees.

PER CURIAM.

In this workers' compensation appeal, Claimant asserts the Judge of Compensation Claims (JCC) erred in denying Claimant's request for an evaluation by a thoracic surgeon and in denying claims for temporary indemnity benefits. Based on the record, the JCC improperly rejected the opinion of the expert medical advisor (EMA) because no clear and convincing evidence rebutted that opinion. Accordingly, we reverse as to all issues, including the denial of temporary...

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