Harmless Error to Admit Non-IME Medical Opinion; E/C Failed to Request EMA Timely
U.S. Agri-Chemicals Corp. v. Camacho, decided on 3/10/2008, reminds us that only the medical opinions of: (1) an authorized treating physician; (2) an independent medical examiner; or (3) an expert medical advisor are admissible in evidence in a Florida workers' compensation proceeding. Because Dr. van Lovern was none of the above, the JCC erred in admitting his testimony into evidence, said the First DCA, although such error was harmless in view of the JCC's other finding that he would have reached the same result even without the admission of Dr. van Lovern's opinions. The JCC also rejected the employer/carrier's argument that the JCC should have appointed an expert medical advisor to resolve a conflict in the medical testimony because they made no timely request that he do so.
