Wojick v. State of Florida, Department of Children and Family Services
36 FLW D2542
The JCC lacked jurisdiction to enter an order compelling the claimant to attend a functional medical evaluation. (The court did not decide whether a functional medical evaluation is identical to an independent medical examination.) There was no pending claim for benefits, no statutory authority for an FME per se within Chapter 440, Florida Statutes, and there was insufficient proof that the FME in this case was "medically necessary" as that phrase is used in Section 440.13(2)(a), Florida Statutes.
A claimant always has a right to reject medical assistance although the consequences may include forfeiture of certain workers' compensation benefits. See for example 440.13(5)d, Florida Statutes (2006).