Cases

Authorized doctor opined that the claimant's carpal tunnel syndrome was not work related.  Notwithstanding this opinion, the employer/carrier obtained an IME who testified that the carpal tunnel syndrome was caused by work.  An expert medical advisor was appointed as requested by the employer/carrier and the EMA determined that the carpal tunnel syndrome was not related to the work of the claimant.  The JCC denied benefits based upon the EMA opinion.

The claimant objected to the appointment of an EMA arguing that the employer/carrier was bound by the opinion of its IME physician.  See Section 440.13(5)(b), Florida Statutes.  Claimant's argument was rejected by the JCC and affirmed by the appellate court.  JCC did not err in appointing EMA and denying benefits based upon the opinion of the EMA.  In this instance, the employer/carrier was not bound by the opinion of its IME doctor.  Concurring opinion.