Put it in Practice July 2023: Monthly Tips for Florida WC Professionals

Word to the Wise – Recent EMA Rule Change

With a change in just one word,  the statutory EMA mandate is effectively over. Effective immediately, House Bill 487 makes EMA appointment by the JCC discretionary.  Judges of Compensation Claims are no longer required to order an Expert Medical Advisor to solve conflicts between health care providers.

What does this mean for adjusters?

• Do not reject or ignore an authorized provider or Independent Medical Examiner / IME because of the  assumption you can rely on an opinion from an EMA, as an EMA may never come into the equation.

• An upside to the rule change is it should speed up the litigation process a bit and MAY result in lower expenses for the Employer/ Carrier.

One as-yet unanswered  question is whether this amendment is a procedural or substantive change. This matters as procedural changes apply retroactively to prior dates of accident. This appears to be retroactive.

Over the next several months, JCC’s around the state will start issuing opinions regarding this matter, so it will not be surprising if we receive a DCA opinion sooner rather than later to help clear the air.   HR Law will monitor these decisions and advise when there is actionable information.

Amended language below for Florida Statute 440.13(9)(c):

440.13(9)(c) –  If there is disagreement in the opinions of the health care providers, if two health care providers disagree on medical evidence supporting the employee’s complaints or the need for additional medical treatment, or if two health care providers disagree that the employee is able to return to work, the department may, and the judge of compensation claims may shall, upon his or her own motion or within 15 days after receipt of a written request by either the injured employee, the employer, or the carrier, order the injured employee to be evaluated by an expert medical advisor.

As always, if you have any questions on this topic, please feel free to reach out to one of us at HR Law. This month’s author is Evan Heffner, eheffner@hrlawflorida.com