CITY OF TAMPA v. THOMPSON (2006)

District Court of Appeal of Florida,First District.

CITY OF TAMPA and Commercial Risk Management, Appellants, v. Charles THOMPSON, Appellee.

No. 1D05-4094.

Decided: March 17, 2006

David L. Smith, City Attorney; Toyin K. Aina and Stephen M. Barbas, Assistant City Attorneys, Tampa, for Appellants. Vicki L. Stolberg of Barrs, Williamson, Stolberg, Townsend & Gonzalez, P.A., Tampa, for Appellee.

Because it is clear in this workers' compensation case that a conflict existed between the opinion of claimant's treating physician, Dr. Guttentag, and the opinion of the employer's and servicing agent's independent medical examiner, Dr. Knezevich, on the issue of causation, the judge of compensation claims committed reversible error when he denied the employer's and servicing agent's request for appointment of an expert medical advisor. See, e.g., Broward Children's Ctr., Inc. v. Hall, 859 So.2d 623, 627 (Fla. 1st DCA 2003) (“the clear intent of section 440.13(9)(c) is to require participation of an expert medical advisor in every case where a disagreement exists between healthcare providers”). Accordingly, we reverse the final order awarding benefits and remand with instructions that the judge of compensation claims appoint an expert medical advisor as requested by the employer and servicing agent.

REVERSED and REMANDED, with directions.

PER CURIAM.

WEBSTER, DAVIS and LEWIS, JJ., concur.

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