#EMA
Kathy Wilson v. NurseCore Management Services, LLC and Berkshire Hathaway Homestate Insurance Company
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 …
Conrado Aviles v. Howard Leasing, Inc. and Sunz Insurance, Next Level Administrators, LLC
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 …
Blanca Nieves Cruz Rivera v. Sterling Foods, Inc. and Berkshire Hathaway Homestate Insurance Company
In Blanca Nieves Cruz Rivera v. Sterling Foods, Inc. and Berkshire Hathaway Homestate Insurance Company having sustained claimant’s authenticity and hearsay objections to certain medical records offered by the E/C in support of their motion for EMA appointment, the JCC concluded the admissible evidence demonstrated no disagreement in medical opinion. Consequently, the E/C motion for …
Juan Martinez v. D & C Construction Group Inc. and USIS
In Juan Martinez v. D & C Construction Group Inc. and USIS Unrepresented claimant advanced his petition claims to final hearing. The JCC considered the exhibits offered by claimant and the objections asserted by the E/C. The vast majority of the E/C objections were sustained. The petition requested TTD for a closed two year period. …
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Cloris Vazquez v. City of Miami Beach and Corvel Corporation
In Cloris Vazquez v. City of Miami Beach and Corvel Corporation Claimant filed a notice of EMA conflict, suggesting the previously appointed EMA had a conflict of interest and an alternate expert should be assigned. The asserted bases for the conflict were that (1) counsel for claimant had prior contact with the appointed expert and …
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Holly M. Trembach v. ERMC II and Gallagher Bassett Services, Inc.
In Holly M. Trembach v. ERMC II and Gallagher Bassett Services, Inc. finding the E/C motion for EMA appointment to be supported by the facts and without objection from the claimant, the JCC GRANTED the motion and appointed an EMA. The parties were instructed to confer and attempt to agree on the selection of an …
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Daniel O’Neill, Jr. v. Triumph Aerostructures Vought Aircraft Division and Liberty Mutual Insurance
In Daniel O’Neill, Jr. v. Triumph Aerostructures Vought Aircraft Division and Liberty Mutual Insurance the E/C denied the entire claim, asserting no causal relationship to claimant’s employment. Claimant requested appointment of an EMA based upon the conflicting opinions of the IME providers regarding MCC. Finding the requisite medical disagreement was present, the JCC GRANTED claimant’s …
Scott Beck v. City of Tallahassee Police Department and City of Tallahassee
In Scott Beck v. City of Tallahassee Police Department and City of Tallahassee Claimant filed a notice of medical conflict regarding the issue of a permanent impairment rating. The E/C disputed that such conflict was present. Upon review of the submitted deposition testimonies, the JCC found the medical opinions were in disagreement and appointment of …
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