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AA GUTTER CLEANING, INC. v. CESARIO

No. 1D09-2382.

49 So.3d 281 (2010)

AA GUTTER CLEANING, INC. and First Commercial Claims Services, Appellants, v. Nicholas CESARIO, Appellee.

District Court of Appeal of Florida, First District.

September 22, 2010.

Attorney(s) appearing for the Case

David R. Drill and Kimberly J. Fernandes of Kelley, Kronenberg, Gilmartin, Fichtel & Wander, Miami Lakes, for Appellants.

David A. McCranie of David A. McCranie, P.A., Orange Park, and Michael P. Sullivan of Michael P. Sullivan, P.A., Jacksonville, for Appellee.

PER CURIAM.

In this workers' compensation case, the employer and carrier argue that the judge of compensation claims erroneously interpreted section 440.13(9)(c), Florida Statutes (2004), to require that the disagreement between health care providers necessary for the appointment of an expert medical advisor be between health care providers within the same specialty. We agree and, accordingly, reverse and remand for further proceedings.

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