W.S. BADCOCK CORPORATION AND COMMERCIAL RISK MANAGEMENT, INC., APPELLANTS,
v.
RONNIE H. KNIGHT, APPELLEE
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PER CURIAM.
In this workers’ compensation appeal, W.S. Badcock Corporation and Commercial Risk Management, Inc., (jointly the employer/carrier), appeal an order of the Judge of Compensation Claims (JCC), determining that Ronnie H. Knight, appellee, is permanently and totally disabled. The employer/carrier argues that the JCC erred in denying as untimely their motion to appoint an expert medical advisor pursuant to section 440.13(9)(c) filed two days prior to the final hearing. Because the alleged conflict in the opinions of healthcare providers was apparent on the face of the pretrial stipulation filed nine months prior to the final hearing, we agree with the JCC that the employer/carrier’s motion on the eve of the final hearing was untimely. Walsdorf Sheet Metal Works, Inc. v. Gonzalez, 719 So. 2d 355 (Fla. 1st DCA 1998); Palms Springs Gen. Hosp. v. Cabrera, 698 So. 2d 1352 (Fla. 1st DCA 1997). Accordingly, we affirm.
ERVIN, BOOTH and VAN NORTWICK, JJ., Concur.
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AT&T Wireless & Kemper Ins. v. Frazier, 871 So. 2d 939 (Fla. 1st DCA 2004)…Van Slyke, 728 So. 2d 1213 (Fla. 1st DCA 1999) (post-hearing request for appointment of EMA made nine days after rendition of the compensation award, when all the medical testimony was adduced in pretrial depositions); W.S. Badcock Corp. v. Knight, 720 So. 2d 619 (Fla. 1st DCA 1998) (request made two days before the final hearing, nine months after the conflict in medical opinions became apparent); Walsdorf Sheet Metal Works, Inc. v. Gonzalez, 719 So. 2d 355 (Fla. 1st DCA 1998) (request made at the conclusio…
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Arvida River Hills Country Club & Zurich-American Ins. Grp. v. VAN Slyke, 728 So. 2d 1213 (Fla. 1st DCA 1999)…native that the order should be vacated because the JCC failed to satisfy an independent obligation to appoint such an advisor. The post-hearing request for appointment of an expert medical advisor was not timely. See W.S. Badcock Corp. v. Knight, 720 So. 2d 619 (Fla. 1st DCA 1998). The JCC’s failure to order an evaluation by an expert medical advisor in the absence of a timely request by a party is not a fundamental error. It would adversely impact the administration of justice to permit a party to ignore…
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Romero v. JB Painting & Waterproofing, Inc., 38 So. 3d 836 (Fla. 1st DCA 2010)…We find that, under these circumstances, the JCC’s determination that the EMA request was untimely constituted an abuse of discretion. The parties were not aware of a substantial conflict several months in advance. Cf. W.S. Badcock Corp. v. Knight, 720 So. 2d 619 (Fla. 1st DCA 1998) (holding EMA request filed on eve of hearing untimely where conflict in medical opinions was evident in pretrial stipulation [*839] filed nine months prior to final hearing); Walsdorf Sheet Metal Works, Inc. v. Gonzalez, 719 So.…
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- Palm Springs Gen. Hosp. & Fla. Retail Fed'n SIF v. Cabrera, 698 So. 2d 1352 (Fla. 1st DCA 1997)
- Walsdorf Sheet Metal Works, Inc. v. Gonzalez, 719 So. 2d 355 (Fla. 1st DCA 1998)