Cases

JCC assessed a "no show" fee for the claimant's failure to appear for an Independent Medical Examination scheduled by the employer/carrier.  On appeal, this award was reversed because of the non-compliance by the employer/carrier with the statutorily imposed notice requirements for making such appointments.  

Section 440.13(5)(c-d), Florida Statutes, require the employer/carrier to confirm the scheduling of an IME with the claimant and the claimant's counsel at least 7 days before the date of the IME.  Claimant's attorney was notified of the appoinment less than the 7 day time period.  Accordingly, it was error to award the no-show assessment.

In addition to the no-show fee, the claimant was required to pay an additional $1,000 for the doctor to review medical records prior to the deposition that was ultimately cancelled.  The award of specific costs is reviewed by the appellate court based on abuse of discretion.  On appeal, the court denied the cost award of $1,000 for medical records review.  It was not part of the no-show fee and accordingly was not awardable on that basis.  There was no other basis for the award of such a cost since there was no evidence that the doctor actually reviewed the medical records.