Brown v. Vanguard Security

Stephanie Brown, Claimant, seeks reversal of an order of the Judge of Compen sation Claims (JCC) denying her motion to appoint an expert medical advisor (EMA) and denying her request for a methacho-line bronchoprovocation study. Because the opinions of the medical experts were in conflict, the JCC was obligated to appoint an EMA pursuant to section 440.13(9)(c), Florida Statutes (2000). Accordingly, we reverse both issues on appeal and remand for further proceedings.

Section 440.13(9)(c) is mandatory. It requires the appointment of an EMA before the merits of the claim can be addressed when…