Cases

JCC granted employer/carrier's Motion to Compel claimant's attendance at an IME.  On appeal, court granted certiorari review of the order determining that the order departed from the essential requirements of law and claimant would suffer harm not remediable on appeal should the exam go forward.

At the time the motion was filed and at all relevant times, there was no pending petition.  It was never alleged that any benefits had been denied by the employer/carrier to the claimant.  The issue according to the Motion for IME was whether there was an excessive permanent impairment rating and work the extent of reasonable restrictions as determined by the treating physician.  Court determined since there was no "dispute," the JCC did not have jurisdiction to enter an order granting the motion.  The claimant had not requested any benefits or medical treatment that the employer/carrier declined to provide.  To create a dispute, an employer/carrier is required to deny the claimant's request for medical treatment or other benefit.  Simply expressing unilateral speculative concerns over a claimant's progress of recovery from an authorized physician is insufficient.  In determining whether there was a dispute, the relevant inquiry is whether the employer/carrier denied a benefit requested by the claimant.  Since there was no such denial, there was no dispute and accordingly the JCC did not have jurisdiction to enter the order granting the motion for an IME.