11-0431 DORA TREVINO, v. DEPARTMENT OF REVENUE and DIVISION OF RISK MANAGEMENT, STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 11-0431

Case Date: 07/22/2011

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DORA TREVINO, Appellant, v. DEPARTMENT OF REVENUE and DIVISION OF RISK MANAGEMENT, STATE OF FLORIDA, Appellees. _____________________________/ Opinion filed July 22, 2011. An appeal from an order of the Judge of Compensation Claims. Neal P. Pitts, Judge. Date of Accident: July 23, 2007. Laurie T. Miles of Smith, Feddeler, Smith & Miles, P.A., Lakeland, Susan W. Fox of Fox & Loquasto, P.A., Orlando, and Wendy S. Loquasto of Fox & Loquasto, P.A., Tallahassee, for Appellant. John R. Darin of Znosko & Reas, P.A., Longwood, for Appellees. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-0431

PER CURIAM. In this workers' compensation appeal, Claimant argues the Judge of Compensation Claims (JCC) erred by employing an incorrect legal standard when he rejected the opinion of the expert medical advisor (EMA) and failed to award

(1) cervical spine diagnostic testing and (2) a lumbar spine evaluation at an anesthesia pain clinic. We affirm Claimant's first point on appeal and reverse the second. In Claimant's first point, she argues the JCC rejected the opinion of the EMA when the record contains no clear and convincing evidence to support such a denial. See

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