1st DCA Clarifies Scope of EMA's Presumption of Correctness

In a case of first impression, the Florida 1st District Court of Appeal last week ruled that an opinion of an expert medical adviser that exceeds the scope of the perceived disagreement is admissible – but it is not going to be presumptively correct. Florida Statues Section 440.13(9)(c) requires that an EMA's opinion on a medical issue be treated as correct unless there is clear and convincing evidence to the contrary. On Friday, the 1st DCA said the scope of this presumption of correctness is limited to the issues that the EMA was asked to address in order to resolve a disagre...