Florida’s First District Court of Appeal, in a workers’ compensation case, ruled that the claimant’s Independent Medical Examination must be excluded without proper notice. Specifically, the Court held that if notice of the IME is not provided to all parties within fifteen days of the examination, the IME must be excluded from any proceeding before the JCC. Florida Statute § 440.13(5)(a) provides that “[f]ailure to timely provide such notification shall preclude the requesting party from submitting the findings.” The Appellant argued that the exclusion of evidence was discretionary and that all factors including prejudice to the other side must be considered. The First DCA disagreed. The inclusion of the word “shall” in the statute provided a mandatory requirement and left no room for discretionary application.
Read the full opinion here: Izaguirre v. BeachWalk Resort/Travelers Insurance (Fla. 1st DCA 2019)