Cases

The question in this case is whether Section 440.13(5)(a), Florida Statutes, permits a claimant who previously obtained an IME on the issue of compensability to have a subsequent IME on the issue of maximum medical improvement.

The only condition required for a party to request an IME under Section 440.13(5)(a). Florida Statutes, is a "dispute."  When a dispute arises, the claimant or the employer may request an IME.  Each party is entitled to an IME for each covered dispute during the life of a claim so long as it is performed by the same examiner.  (See exceptions to the same examiner performing the IME as found in Section 440.13(5)(b), Florida Statutes (2005).)  Since the dispute in this instance was different from the dispute when the prior IME was obtained by the claimant, a second IME was allowed in this instance.