COMPCARE OF FLORIDA, INC., AND FLORIDA PREFERRED RISK, APPELLANTS,
v.
GREGORY CASON, APPELLEE
COMPCARE OF FLORIDA, INC., AND FLORIDA PREFERRED RISK, APPELLANTS,
GREGORY CASON, APPELLEE
693 So. 2d 127
Florida District Court of Appeal, First District (1997)
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Opinion of the Court
PER CURIAM.
Compcare of Florida, Inc., and Florida Preferred Risk appeal an order denying their motion for an independent medical examination to assess alleged overutilization. We find that the employer and its insurance carrier are entitled to the independent medical examination they seek, under section 440.13(5)(a), Florida Statutes (Supp.1994), which provides:
In any dispute concerning overutilization, medical benefits, compensability, or disability under this chapter, the carrier or the employee may select an independent medical examiner. Nothing else is before us on this appeal, and nothing is now pending before the judge of compensation claims. There has been no prior independent medical examination by a neurologist, even though the judge of compensation claims has determined that this claimant suffers from seizures.
The order is reversed, with directions that the employer and its insurance carrier be allowed to proceed with an independent medical examination.
BARFIELD, C.J., and ERVIN and BENTON, JJ., concur.
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Delgado v. J.C. Concrete & CNA Ins. Cos., 721 So. 2d 353 (Fla. 1st DCA 1998)…diction] because the JCC’s order determines subject matter jurisdiction of the JCC [judge of compensation claims].” Karell v. Miami Airport Hilton, 668 So. 2d 227, 228 (Fla. 1st DCA 1996). We affirm on the authority of Compcare of Florida v. Cason, 693 So. 2d 127 (Fla. 1st DCA 1997) (reversing order denying independent medical examination to assess alleged overutilization). Other recent decisions proceed on the assumption that a judge of compensation claims has authority to compel independent medical examina…