Expert Medical Advisors

Many E/C’s assume that once you retain an independent medical examiner, their opinion will automatically favor them.  You are “buying” an opinion, right?  Wrong.  Just because you pay for the services of an expert does not mean that expert will snap to and be a puppet for your defense.

IME doctors can still sink you and disagree with the legal position you are taking.  Therefore, it is always a risk to retain an IME because there is always a chance it can go bad for you. 

And if it does go bad, what are your options?  Many of us in the profession thought you were sunk.  After all, section 440.13(5)(b) mandates that your are bound by your IME selection.  Now, it seems that a party still has some life left even when their own IME shoots them in the foot.

More after the jump. . . (more…)

An Expert Medical Advisor (EMA) is a strategic litigation tool to settle conflicting opinions between authorized doctors.  See section 440.13(9).  In practice, EMA’s are used by Claimants or E/C’s who fear an adverse ruling from the JCC.  The sentiment being the underdog party has a better chance at success with an EMA physician than a judge.

A constant issue between Claimant’s and E/C’s is when is a reasonable time to request the judge for an EMA.   Both parties accuse the other of surprise when a request is made.   So, when is the right time?  According to the First DCA, the right time is pretty close to the trial date. (more…)