Public Gas Co. v. Monette

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,…