In Conrado Aviles v. Howard Leasing, Inc. and Sunz Insurance, Next Level Administrators, LLC the E/C moved for appointment of an EMA, suggesting conflict in the opinions of the medical providers concerning the diagnosis of claimant’s conditions and the MCC of the same. The JCC observed the evidence submitted demonstrated a clear conflict in opinions warranting EMA appointment. Claimant argued the request was untimely filed, but the JCC found that while the motion could have been filed earlier, it was not untimely at 37 days prior to the final hearing date. E/C request for EMA appointment GRANTED. The parties were instructed to attempt to agree on the selection of an appropriate orthopedic surgeon to act as EMA.
