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MILLER ELEC. CO. v. OURSLER

No. 1D12-2385.

113 So.3d 1004 (2013)

MILLER ELECTRIC COMPANY and Commercial Risk Management, Appellants, v. Eric OURSLER, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 31, 2013.

Attorney(s) appearing for the Case

Mark K. Eckels and Kansas R. Gooden of Boyd & Jenerette, P.A., Jacksonville, for Appellants.

Lawrence M. Malman , Coral Gables, and Jay M. Levy of Jay M. Levy, P.A., Miami, for Appellee.

PER CURIAM.

In this workers' compensation case, the Employer/Carrier (E/C) appeals an order of the Judge of Compensation Claims (JCC) awarding palliative care to Claimant in reliance on the opinions of expert medical advisor (EMA) Dr. Lang, and striking the E/C's affirmative defense of fraud. For the reasons set forth herein, we REVERSE these rulings as premature. The facts are as follows.

Factual Background

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