Cases

JCC entered an order compelling the claimant's attendance at a neuro-psychiatric IME.  On appeal, court determined that there was no statutory authority supporting this order compelling claimant's attendance at the IME.  Under Section 440.13(5)(a), Florida Statutes, an IME is permitted if the facts disclose a dispute concerning over utilization, medical benefits, compensability, or disability.  Under this provision, the only condition required for a party to request an IME is a dispute.  In this case, there was no dispute between the parties since the claimant had not requested any benefit or medical treatment that the employer/carrier declined to provide.  A dispute did not arise by the employer/carrier's expressing concern over the claimant's progress with the physician it authorized to treat the claimant's injuries.  See Section 440.13(2)(d), Florida Statutes (2007).  To create a dispute concerning medical benefits, an employer/carrier is required to deny a claimant's request for medical benefits.  Simply expressing unilateral speculative concerns over a claimant's progress with an authorized physician is insufficient.