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ALTEMAR v. LIFESPACE COMMUNITIES

No. 1D16-2129.

249 So.3d 1319 (2018)

Marlene ALTEMAR, Appellant/Cross-Appellee, v. LIFESPACE COMMUNITIES, INC., d/b/a Abbey Delray South, Sentry Claims Services and Sentry Casualty Company, Appellees/Cross-Appellants.

District Court of Appeal of Florida, First District.

Rehearing Denied August 15, 2018.

Attorney(s) appearing for the Case

Kimberly A. Hill of Kimberly A. Hill, P.L., Fort Lauderdale, for Appellant/Cross-Appellee.

William H. Rogner of Hurley, Rogner, Miller, Cox & Waranch, P.A., Winter Park, for Appellees/Cross-Appellants.

Claimant challenges an order of the Judge of Compensation Claims (JCC), and the Employer/Carrier (E/C) on cross-appeal challenges another aspect of the order. We find that the JCC accorded a presumption of correctness to the expert medical advisor (EMA) with regard to the Claimant's need for attendant care, and that this presumption was inappropriate...

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