Quiroga v. First Baptist Church at Weston
Quiroga v. First Baptist Church at Weston
Opinion of the Court
In this workers’ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) that accepts the opinion of one medical doctor over another and thereby denies benefits to Claimant. Notably, Claimant does not challenge the issue of whether the record evidence supports the denial of benefits. Rather, Claimant raises a very specific legal argument, positing that, although he never made a request for the JCC to appoint an expert medical advisor (EMA) as provided for in section 440.13(9)(c), Florida Statutes (2008), the JCC committed fundamental error by not appointing, sua sponte, an EMA to resolve the disagreement in medical opinions. Claimant further argues that a JCC has no “jurisdiction” to resolve medical disagreements unless an EMA is first appointed. Upon receipt of Claimant’s initial brief, this Court entered an order advising the parties that this appeal was being considered for summary affirmance under Florida Rule of Appellate Procedure 9.315(a). Accordingly, the parties were directed to refrain from further briefing and that we would decide the matter before us on a summary basis.
Although Claimant’s arguments are not frivolous — in the sense that Claimant advances one possible interpretation of the statute at issue — they are completely unavailing because this court has already squarely addressed the issues presented in this appeal. Without equivocation, this court has held that a JCC’s failure to order an EMA evaluation is not fundamental error. Although a JCC is required to appoint an EMA where there is a disagreement in medical opinions, a party who does not timely seek the appointment of an EMA below will not “be heard on appeal to complain of the failure to designate an [EMA].” See Arvida River Hills Country Club v. Van Slyke, 728 So.2d 1213, 1214 (Fla. 1st DCA 1999)(“The JCC’s failure to order an evaluation by an [EMA] is not fundamental error.”); see also Palm Springs Gen. Hosp v. Cabrera, 698 So.2d 1352, 1355 n. 3 (Fla. 1st DCA 1997)(“We do not suggest that failure to order [an EMA] constitutes fundamental error, or that a party that does not seek evaluation below will be heard on appeal to complain of the failure to designate an [EMA].”).
To the extent that Claimant argues that a JCC does not have “jurisdiction” to resolve medical disputes (presumably Claimant refers to subject-matter jurisdiction), Claimant presents no meaningful argument or legal authority to support this novel proposition. Contrary to Claimant’s argument in this regard, this Court has consistently held that it is the JCC’s role
AFFIRMED.
Reference
- Full Case Name
- Alvaro QUIROGA v. FIRST BAPTIST CHURCH AT WESTON and Guideone Insurance
- Cited By
- 3 cases
- Status
- Published