Cases

In non-managed care case, claimant filed for a second medical opinion. Employer/carrier argued that since this was not managed care, the claimant would only be entitled to an independent medical examination as provided for in Section 440.13, Florida Statutes, as opposed to a second medical opinion as allowed under the managed care provisions of Section 440.134, Florida Statutes. The employer/carrier did offer the claimant an IME in lieu of authorizing a second medical opinion.

Court determined that there is a difference between an IME and a second medical opinion. An IME is a means of obtaining expert medical testimony by the party requesting such. It is not a form of medical treatment. While an IME is useful in resolving disputes, it does not fall under the term "medically necessary remedial treatment care and attendance" that an employer/carrier must furnish under Section 440.13(2)(a), Florida Statutes. Claimant entitled to second medical ophnion even though a managed care arrangement was not in place.

The question as to whether the claimant ’s requests for a second medical opinion should be granted is a question of fact similar to any other request for remedial treatment as provided for in Section 440.13, Florida Statutes. The JCC must resolve such questions after an evidentiary hearing is held where the claimant bears the burden of demonstrating entitlement.