Tag: EMA

Oct 4, 2021

Florida JCC Errs in Failing to Appoint EMA to Resolve Medical Dispute

Where a Florida workers’ compensation claimant disagreed with the medical opinion of the employer/carrier’s authorized physician, sought a one-time change in physicians pursuant to § 440.13(2)(f), Fla. Stat., saw a...

Florida JCC Errs in Failing to Appoint EMA to Resolve Medical Dispute Florida JCC Errs in Failing to Appoint EMA to Resolve Medical Dispute
Nov 19, 2019

Florida JCC May Not Ignore Clear Opinion of Expert Medical Advisor

Where an Expert Medical Advisor (EMA) clearly indicated in his report that a claimant had not reached MMI because of the claimant’s need for future surgery, it was error for...

Florida JCC May Not Ignore Clear Opinion of Expert Medical Advisor Florida JCC May Not Ignore Clear Opinion of Expert Medical Advisor
Jun 19, 2019

Presumption of Correctness Afforded Florida’s EMAs Passes Constitutional Muster

§ 440.13(9)(c), Fla. Stat., which provides a presumption of correctness to the opinion of an expert medical advisor (“EMA”), is not violative of separation of powers, equal protection, and due...

Presumption of Correctness Afforded Florida’s EMAs Passes Constitutional Muster Presumption of Correctness Afforded Florida’s EMAs Passes Constitutional Muster
Apr 20, 2017

Florida Correctional Department Successfully Rebuts Heart-Lung Presumption

A Florida appellate court ruled that a state judge of compensation claims erred when the JCC awarded benefits to a correctional officer under the state’s Heart-Lung statute, which generally provides...

Florida Correctional Department Successfully Rebuts Heart-Lung Presumption Florida Correctional Department Successfully Rebuts Heart-Lung Presumption