Task: Wrong Candidate Generation
Input (English): Affirmed. WEBSTER, J., concurs. BENTON, J., dissents with opinion. BENTON, J., dissenting. Because the order on appeal fails to afford the opinion of the expert medical advisor the presumption of correctness to which it is entitled, I respectfully dissent. Absent clear and convincing evidence of adequate grounds for rejecting it, the opinion of the expert medical advisor binds the judge of compensation claims. See Palm Springs Gen. Hosp. v. Cabrera, 698 So.2d 1352, 1356 (Fla. 1st DCA 1997). The opinion of the expert medical advis- or is presumed to be correct unless there is clear and convincing evidence to the contrary as determined by the judge of compensation claims. § 440.13(9)(c), Fla.Stat. (Supp.1994). See Walgreen Co. v. Carver, 770 So.2d 172, 174-75 (Fla. 1st DCA 2000) (<HOLDING>); Jacaranda Manor v. Randolph, 755 So.2d 781, 
 Holding statements: (A) holding that it is the appellants burden to present a record to overcome the presumption of correctness of the trial courts findings (B) holding that it is the duty of the appellant to overcome the presumption of the correctness of the trial courts judgment by demonstrating some reversible error (C) recognizing presumption and finding that it was overcome (D) holding that the ambiguity in the testimony of the cited jurors who were challenged for cause was insufficient to overcome the presumption of correctness owed to the trial courts findings (E) holding evidence insufficient to overcome presumption of correctness
Output (English): holding that it is the appellants burden to present a record to overcome the presumption of correctness of the trial courts findings