DeCuba v. Indian River Community College

Appellant seeks reversal of an order denying her workers’ compensation claim for *1258a heated home pool because the judge of compensation claims (JCC) relied in part on the testimony of an independent medical examiner who was paid more than permitted by section 440.13(14)(b), Florida Statutes (1999). Because the independent medical examiner is disqualified from testifying in this case, we reverse.

Dr. Davidson performed an independent medical examination (IME) for $750 in 1999. Because section 440.13(14)(b) limits IME fees to $400, the carrier moved for a second IME. The JCC ruled that Dr.…