Cases

Section 440.13(5)(a), Florida Statutes, requires that parties selecting IMEs must notify all parties within 15 days of the examination in a proceeding before a JCC.  Claimant conceded that proper or timely notice was not given but argued that the requirement of notice is directory not mandatory.  JCC excluded IME report and this appeal followed.

Court affirmed decision of JCC excluding the IME tendered by the claimant's attorney.  Based on the plain and ordinary meaning of the statute, the word "shall" in a statute usually has a mandatory connotation.  In this instance, such a provision is not amenable to an exercise of discretion and accordingly, when there has been a failure to provide proper notice, it is mandatory that such evidence be excluded from being considered by the JCC.