DE JESUS ABREU v. RIVERLAND ELEM. SCH.

No. 1D17-2755.

301 So.3d 1005 (2019)

Teresita DE JESUS ABREU, Appellant, v. RIVERLAND ELEMENTARY SCHOOL and Broward County School Board, Appellees.

District Court of Appeal of Florida, First District.

June 18, 2019.


Attorney(s) appearing for the Case

Mark L. Zientz , of Law Offices of Mark L. Zientz, P.A., Miami, for Appellant.

Laurence F. Leavy , of Laurence Leavy and Associates, P.A., Fort Lauderdale, for Appellees.


In this workers' compensation case, the Claimant appeals the denial of shoulder surgery, arguing that section 440.13(9)(c), Florida Statutes, which provides a presumption of correctness to expert medical advisor ("EMA") opinions, is unconstitutional. The Claimant challenges the statutory presumption as violative of separation of...

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