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Robert Young v American Airlines

This December 31, 2013 1DCA opinion reversed Judge Rosen's JCC decision. This case had been before the 1DCA in 2012. In the 2012 case, the 1DCA reserved the JCC decision because the JCC erred in admitting and relying upon an unauthenticated report from the Employer/Carrier’s independent medical examiner.
The 1DCA remanded the case back to the JCC with instructions to enter a final order awarding PTD benefits based on the uncontroverted opinions of the claimant's IME unless the JCC found the opinion unpersuasive. 
On remand, the JCC rejected The claimant IME's opinions because he “was not persuaded”.  The JCC provided no additional factual or legal reasons for the rejection of the uncontested expert opinions regarding Claimant’s status as having reached maximum medical improvement and his permanent work restrictions.  
In this appeal, Claimant argues the JCC erred by rejecting the claimant IME's uncontroverted medical opinions because no legally valid basis for such rejection was provided by the JCC. 

 The 1DCA concluded that the JCC erred by failing to provide a valid reason for rejecting the unrefuted medical opinions based on findings such as flawed medical history, inherent illogic or incredibility, or any other reasonable basis for finding The claimant IME's opinions unreliable or unworthy of belief.  

 Click here to see the JCC Opinion 
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