CURTIS J. TILLMAN, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Romero v. JB Painting & Waterproofing, Inc., 38 So. 3d 836 (Fla. 1st DCA 2010)
  …, and the JCC abused his discretion in determining otherwise. The JCC also erred in denying Claimant’s request for an EMA on the ground that Dr. Broom’s IME report was not sufficiently persuasive to establish a conflict. See Chapman v. Nationsbank, 872 So. 2d 390, 392 (Fla. 1st DCA 2004) (holding JCC lacks authority to resolve conflicts between physician opinions once claimant has requested EMA). Dr. Broom’s IME report reveals he performed an IME based on Claimant’s October 10, 2008, work accident, and clear…
• Citrus Pest Control & Claims Control, Inc. v. Brown, 913 So. 2d 754 (Fla. 1st DCA 2005)
  …t 640; Hernandez, 856 So. 2d at 1142. This is so regardless of whether the IME later opined that the statements at issue had no effect on his determination of a causal connection. Accordingly, we reverse the final order. Cf. Chapman v. Nationsbank, 872 So. 2d 390, 393 (Fla. 1st DCA 2004) (reversing the JCC’s order and remanding because it was not clear from an examination of the order whether the JCC found that the claimant had violated section 440.105(4)(b) and directing that, on remand, the JCC should rule…
• Brown v. Vanguard Sec. & Claims Ctr., 7 So. 3d 572 (Fla. 1st DCA 2009)
  …IME) physicians. See Palm Springs Gen. Hosp. v. Cabrera, 698 So. 2d 1352, 1353 (Fla. 1st DCA 1997). “The JCC does not have the authority to resolve conflicts between physician opinions once the claimant has requested an EMA.” Chapman v. Nationsbank, 872 So. 2d 390, 392 (Fla. 1st DCA 2004). Here, Dr. Goldstein, Claimant’s treating pulmonologist, testified that Claimant remained in need of ongoing treatment, and her exposure to construction dust remained the major contributing cause of her need for treatment.…