By Irfan Siddiqui, D.O., FACC, FSCAI
In Florida workers' compensation cases, the medical question may be central: whether a workplace event caused an injury, whether maximum medical improvement has been reached, or what impairment rating the evidence supports. Different opinions from treating and examining physicians can leave these questions unresolved.
What an EMA does
Under § 440.13(9)(c), the department or a Judge of Compensation Claims may order an Expert Medical Advisor evaluation when health care providers disagree on specified medical issues. The parties may agree on an advisor; if they do not, the judge selects one from the department's certified list. The advisor's opinion is presumed correct unless the judge finds clear and convincing evidence to the contrary.
Why the standard matters
That presumption calls for an opinion that answers the questions posed, explains the path from evidence to conclusion, distinguishes what is known from what is probable, and identifies limitations in the record. Independence must be evident in the analysis itself.
Cardiovascular claims
Cardiac disease may develop over many years. Assessing whether work caused or contributed to a particular event requires attention to timing, exertion, pre-existing disease, and the clinical physiology. First responder claims can also raise distinct statutory questions under § 112.18.
The objective is a clear and neutral medical opinion that helps the decision maker understand the evidence.