Admissibility of Expert Medical Adviser Opinions in WC - Sept. 3, 2025
- Sep 2, 2025
- 1 min read
September 3, 2025
On September 3, 2025, the First District Court of Appeal of Florida, in Sedgwick Claims Management Services v. Thompson, considered for the first time whether EMA opinions and reports are subject to the standard that govern the admissibility of expert testimony in legal proceedings.
In a WC case, an employer/carrier (E/C) sought to exclude the testimony of an EMA arguing that it failed to satisfy the Daubert standard—which provides the legal framework governing the admissibility of expert testimony and is codified in Florida statute 90.702. The judge of compensation claims (JCC), after applying Daubert, determined that the EMA's testimony met the required threshold and admitted it into evidence.
On appeal, the appellate court reviewed Florida statute 440.25, which states that an EMA's report or testimony "shall be admitted into evidence in a proceeding." The court found this language to be clear and unambiguous, leaving no discretion to the JCC regarding admissibility of an EMA's report or testimony. Accordingly, the court held that the JCC erred by applying Daubert to the EMA's testimony. Nevertheless, the court deemed the error harmless as the testimony was ultimately admitted and considered by the JCC in rendering its decision.
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