PUBLIC GAS CO. AND FEISCO, APPELLANTS,
v.
GREG MONETTE, APPELLEE
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The court declined to exercise jurisdiction because the employer/carrier's jurisdictional argument was based on inapplicable statutory amendments.
The employer and carrier sought review of a non-final order granting the claimant an independent medical evaluation (IME) and ordering the employer/ca…
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PER CURIAM.
The employer and carrier (E/C) have sought review of a non-final order that granted the claimant an independent medical evaluation (IME) with a physician chosen by the claimant and ordered the E/C to pay for the IME. The E/C argue that the judge of compensation claims (JCC) erroneously assumed that section 440.13(5), Florida Statutes (Supp.1994), which went into effect on January 1, 1994, was applicable. That section provides that the carrier or the employee may select an independent medical examiner. The E/C correctly assert that the applicable law in this case is the law in effect on May 21, 1992, the date of the accident, and that the 1993 amendments do not apply. See Southern Bakeries and Kemper Group v. Corwin Cooper, 20 Fla.L.Weekly D942 (Fla. 1st DCA Apr. 11, 1995). Our review of the order on appeal, however, indicates that the JCC relied upon section 440.29(1), Florida Statutes, which provides:
In making an investigation or inquiry or conducting a hearing, the judge of compensation claims shall not be bound by technical or formal rules of procedure, except as provided by this chapter, but may make such investigation or inquiry, or conduct such hearing, in such manner as to best ascertain the rights of the parties.
The JCC is authorized to order an IME pursuant to his investigatory powers provided in section 440.29(1). Berry Corporation v. Smith, 576 So. 2d 1366 (Fla. 1st DCA 1991).
Because the E/C’s jurisdictional argument is based upon application of the amendments to section 440.13(5) enacted by chapter 93-415, Laws of Florida, we decline to exercise jurisdiction to consider this case under the requirements set out in Hines Electric v. McClure, 616 So. 2d 132 (Fla. 1st DCA 1993).
The appeal is therefore DISMISSED.
BARFIELD, KAHN, and DAVIS, JJ., concur.
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Nydia Karell v. Miami Airport Hilton/Miami Hilton Corp., 668 So. 2d 227 (Fla. 1st DCA 1996)…dments relating to independent medical examinations are substantive in nature, and thus applicable only to accidents occurring subsequent to January 1, 1994. Southern Bakeries v. Cooper, 659 So. 2d 339 (Fla. 1st DCA 1995); Public Gas Co. v. Monette, 658 So. 2d 673 (Fla. 1st DCA 1995). . Under the new IME statute, the E/C's right to schedule an IME before a petition for benefits is filed is not dependent upon the employee being represented by an attorney. Further, under section 440.13(5)(f) attorney’s fees in…
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Shoda v. State, 666 So. 2d 134 (Fla. 1996)…PER CURIAM. We have for review Skoda v. State, 658 So. 2d 673 (Fla. 1st DCA 1995), wherein the First District Court of Appeal certified the following question to be of great public importance: UPON REVOCATION OF PROBATION AND THE IMPOSITION OF NEW COMMUNITY CONTROL SENTENCE, MUST THE TRIAL COURT GIVE CREDIT F…
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Rosanna Snider v. Mumford, Inc., 65 So. 3d 579 (Fla. 1st DCA 2011)…n his investigatory authority pursuant to section 440.29(1), Florida Statutes (1981). At that time, a claimant was not required to pay for an examination ordered by the deputy commissioner at the claimant’s suggestion. See Public Gas Co. v. Monette, 658 So. 2d 673, 674 (Fla. 1st DCA 1995) (approving JCC’s appointment of an IME, pursuant to section 440.29(1), Florida Statutes (1991), with physician chosen by claimant); see also Berry Corp. v. Smith, 576 So. 2d 1366, 1367 (Fla. 1st DCA 1991) (holding JCC may or…
Authorities Cited
- Hines Elec. & Fla. Ins. Guar. Ass'n v. McCLURE, 616 So. 2d 132 (Fla. 1st DCA 1993)
- Berry Corp. & Commercial Risk Mgmt. v. Smith, 576 So. 2d 1366 (Fla. 1st DCA 1991)