VALERIE ZABIK, PETITIONER,
v.
PALM BEACH COUNTY SCHOOL DISTRICT AND F.A. RICHARDS AND ASSOCIATES, INC., RESPONDENTS
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Valerie Zabik challenged a workers' compensation judge's order compelling her to undergo a psychiatric independent medical examination (IME). The Florida appellate court granted her petition for certiorari, holding that the judge lacked statutory authority to compel the IME because the employer failed to demonstrate an actual, current dispute regarding a compensable issue.
The court held that the judge departed from the essential requirements of law by granting the motion to compel because no statutory authority supports an IME order based on speculative future disputes. The employer must prove the existence of a current dispute regarding one of the enumerated statutory subjects to obtain an IME.
[1] A judge of compensation claims departs from the essential requirements of law by ordering a psychiatric independent medical examination without statutory authority.
[2] A party seeking an independent medical examination in a workers' compensation case bears the burden of proving the existence of a current dispute regarding overutilizatio…
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Join FLexlaw to unlock all legal intelligence“Certiorari review lies if the JCC orders a psychiatric IME without statutory authority.”
Establishes the legal standard for reviewing IME orders—they must be authorized by statute.
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Join FLexlaw to unlock all legal intelligenceZabik was accepted as permanently and totally disabled (PTD) by her employer due to a compensable work injury. The employer's counsel sought a psychia…
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ERVIN, J.
Valerie Zabik petitions this court for the issuance of a writ of certiorari from a non-final workers’ compensation order compelling her to attend a psychiatric independent medical examination (IME). Because we conclude the judge of compensation claims (JCC) departed from the essential requirements of the law in granting the motion to compel, we grant the petition and quash the compulsion order. After Zabik had been accepted by respondent employer/servicing agent (E/SA) as permanently and totally disabled (PTD) as a result of a compensable injury caused by a fall, counsel for the E/SA moved for a psychiatric IME because he had seen a letter from Zabik’s attorney to Zabik’s authorized treating orthopedist regarding her “ability to concentrate,” which counsel for the E/SA characterized as dealing with her mental health or psychiatric condition. He “believed,” based solely on the language in the letter, that the orthopedist had recommended Zabik undergo a psychiatric evaluation. He represented that the E/SA had attempted to provide Zabik with such care, but she refused. Counsel argued that if the E/SA at some time in the future directed Zabik to return to work and PTD benefits were terminated, he anticipated Zabik would then claim her need for psychiatric care because of her perceived inability to work from a psychiatric standpoint. Counsel concluded that an IME would help resolve the potential issue of whether Zabik was psychiatrically disabled, thereby avoiding a possible future dispute.
Certiorari review lies if the JCC orders a psychiatric IME without statutory authority. See Taylor v. Columbia/HCA Doctors Hosp. of Sarasota, 746 So. 2d 1244 (Fla. 1st DCA 1999). In the present case no statutory authority supports the issuance of the IME order. Section 440.13(5)(a), Florida Statutes (2000), permits an IME if the facts disclose a dispute regarding over utilization, medical benefits, compensability, or disability, and section 440.1925(1), Florida Statutes (2000), authorizes an IME on facts showing a dispute regarding maximum medical improvement or permanent impairment. It is incumbent upon the party seeking an IME to prove the existence of a dispute. See Velasquez v. Malaja Constr., Inc., 720 So. 2d 302 (Fla. 1st DCA 1998). The most the E/SA has shown in support of its motion for an IME is that the procedure might help resolve a future dispute over whether Zabik may be psychiatrically disabled. Such speculation clearly does not comply with the statutes’ requirement of a current controversy over any of the subjects therein designated. Because there was no legal justification for the issuance of the IME order, the PETITION for WRIT of CERTIORARI is GRANTED, and the ORDER is QUASHED.
ALLEN and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Caldwell v. Wal-Mart Stores, 980 So. 2d 1226 (Fla. 1st DCA 2008)…c., 668 So. 2d 283, 284 (Fla. 1st DCA 1996). We have previously held certiorari review is appropriate to review a non-final order compelling a claimant in workers’ compensation proceedings to attend an IME. See Zabik v. Palm Beach County Sch. Dist., 911 So. 2d 858, 859 (Fla. 1st DCA 2005) (“Certiorari review lies if the JCC orders a psychiatric IME without statutory authority.”); Alvarado v. Wackenhut Corp., 951 So. 2d 937, 938 (Fla. 1st DCA 2007) (“Claimant has established that he will suffer irreparable har…
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Lehoullier v. Gevity/Fire Equip. Servs. & AIG Claim Servs., Inc., 43 So. 3d 834 (Fla. 1st DCA 2010)…the essential requirements of law because there is no dispute between the parties, as required by section 440.13(5)(a). “Certiorari review lies if the JCC orders a psychiatric IME without statutory authority.” Zabik v. Palm Beach County Sch. Dist., 911 So. 2d 858 (Fla. 1st DCA 2005); see Taylor v. Columbia/HCA Doctors Hosp. of Sarasota, 746 So. 2d 1244, 1245 (Fla. 1st DCA 1999)(“In the context of compelled physical or psychiatric examinations, the required element of irreparable harm may be found based on th…
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Bellamy v. Golden Flake Snack Foods, Inc., 97 So. 3d 941 (Fla. 1st DCA 2012)…sidering the foregoing case law, the E/C has established a dispute over medical benefits entitling it to an IME.” Certiorari review is properly invoked when a JCC orders an IME without statutory authority. See Zabik v. Palm Beach County Sch. Dist., 911 So. 2d 858, 859 (Fla. 1st DCA 2005) (“Certiorari review lies if the JCC orders a psychiatric [*943] IME without statutory authority.”). Material harm may be established, when considering a compelled physical examination, simply by the occurrence of the exam as…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hansen v. State, 746 So. 2d 1244 (Fla. 1st DCA 1999)
- State v. Dougherty, 746 So. 2d 1244 (Fla. 1st DCA 1999)
- Velasquez v. Malaja Constr., Inc., 720 So. 2d 302 (Fla. 1st DCA 1998)