Cases

It is undisputed that a JCC may order an IME on his or her own motion. The court determined that the JCC did not err in allowing the claimant to introduce additional evidence following a post-hearing IME directed by the JCC. Additional evidence may be allowed if one of the parties is allowed or directed to submit additional evidence after the hearing. However, an IME ordered by the JCC is party-neutral in that it is not submitted at the behest of either party.

Court determined that JCC erred in denying temporary partial benefits for a designated period of time since the treating physician had released the claimant to return to work with restrictions and the claimant had limited his job search to only one contact. There was no record evidence, however, that the doctor had instructed the claimant to return to work. Evidence that the claimant is able to return to work is not sufficient to deny temporary benefits in the absence of evidence that the claimant was informed or should have known that he or she was released to work.