In Kathy Wilson v. NurseCore Management Services, LLC and Berkshire Hathaway Homestate Insurance Company Claimant argued appointment of an EMA was inappropriate because medical necessity had been waived by the E/C as a result of their failure to act timely in compliance with F.S. 440.13(3)(d). The JCC observed that waiver is a legal determination and the appointment of an EMA under the law was mandatory where there was disagreement amongst the medical providers. Here the evidence demonstrated conflict in opinions regarding medical necessity of acupuncture and cervical injections. E/C motion for EMA appointment GRANTED.
