City of Tampa v. Thompson

District Court of Appeal of Florida

City of Tampa v. Thompson

923 So. 2d 558, 2006 Fla. App. LEXIS 3729, 2006 WL 658859

District Court of Appeal of Florida·Decided March 17, 2006·No. No. 1D05-4094·Published

Opinion

PER CURIAM.

Because it is clear in this workers’ compensation case that a conflict existed be[559] tween the opinion of claimant’s treating physician, Dr. Guttentag, and the opinion of the employer’s and servicing agent’s independent medical examiner, Dr. Kneze-vich, on the issue of causation, the judge of compensation claims committed reversible error when he denied the employer’s and servicing agent’s request for appointment of an expert medical advisor. See, e.g., Broward Children’s Ctr., Inc. v. Hall, 859 So.2d 623, 627 (Fla. 1st DCA 2003) (“the clear intent of section 440.13(9)(c) is to require participation of an expert medical advisor in every case where a disagreement exists between healthcare providers”). Accordingly, we reverse the final order awarding benefits and remand with instructions that the judge of compensation claims appoint an expert medical ad-visor as requested by the employer and servicing agent.

REVERSED and REMANDED, with directions.

WEBSTER, DAVIS and LEWIS, JJ., concur.

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PER CURIAM.

Because it is clear in this workers’ compensation case that a conflict existed be[559] tween the opinion of claimant’s treating physician, Dr. Guttentag, and the opinion of the employer’s and servicing agent’s independent medical examiner, Dr. Kneze-vich, on the issue of causation, the judge of compensation claims committed reversible error when he denied the employer’s and servicing agent’s request for appointment of an expert medical advisor. See, e.g., Broward Children’s Ctr., Inc. v. Hall, 859 So.2d 623, 627 (Fla. 1st DCA 2003) (“the clear intent of section 440.13(9)(c) is to require participation of an expert medical advisor in every case where a disagreement exists between healthcare providers”). Accordingly, we reverse the final order awarding benefits and remand with instructions that the judge of compensation claims appoint an expert medical ad-visor as requested by the employer and servicing agent.

REVERSED and REMANDED, with directions.

WEBSTER, DAVIS and LEWIS, JJ., concur.

City of Tampa v. Thompson, 923 So. 2d 558, 2006 Fla. App. LEXIS 3729, 2006 WL 658859 (Fla. Ct. App. 2006).

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