Mosquera v. Home Shopping Network En Espanol, LLC

The claimant in this workers’ compensation appeal contends the Judge of Compensation Claims (JCC) erred in failing to appoint an expert medical advisor (EMA) to resolve the conflict in the opinions of claimant’s treating physician and claimant’s independent medical examiner (IME). The employer and the employer’s carrier concede the cause must be reversed and remanded for appointment of an EMA.

The claimant requested appointment of an EMA when it became apparent that the opinion of her IME conflicted with the opinion of her authorized treating physician. Section 440.13(9)(c), Florida Statutes…