LEHOULLIER v. GEVITY/FIRE Equip. Serv.
| Decision Date | 31 August 2010 |
| Docket Number | No. 1D10-1875.,1D10-1875. |
| Citation | 43 So.3d 834 |
| Parties | David LEHOULLIER, Petitioner, v. GEVITY/FIRE EQUIPMENT SERVICES and AIG Claim Services, Inc., and AIU Holdings, Inc., Respondents. |
| Court | Florida District Court of Appeals |
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Wendy S. Loquasto of Fox & Loquasto, P.A., Tallahassee, and Marc E. Golden of Rosenthal & Levy, P.A., Port St. Lucie, for Petitioner.
Kimberly J. Fernandes of Kelley, Kronenberg, Gilmartin, Fichtel, Wander, Bamdas, Eskalyo & Dunbrack, P.A., Miami Lakes, for Respondents.
Petitioner/Claimant seeks certiorari review of an order of the Judge of Compensation Claims (JCC) granting the Employer/Carrier's (E/C) motion to compel Claimant's attendance at an independent medical examination (IME). Because we conclude that the order departs from the essential requirements of law and would cause irreparable harm that cannot be adequately remedied on appeal, we grant the petition and quash the compulsion order.
Claimant, a service technician for the E/C, sustained various neurological and orthopedic injuries in a compensable accident on July 27, 2007. Following the accident, the E/C selected and authorized various medical providers to treat Claimant's injuries.
Claimant subsequently developed psychological problems and filed petitions for benefits (PFBs) on May 21, June 11, and June 22, 2009. In the petitions, Claimant sought temporary indemnity benefits, authorization and payment for prescription medications, authorization for psychiatric care and acupuncture, penalties, interest, costs, and attorney's fees. These claims were mediated and, in a mediation conference report filed August 4, 2009, the parties indicated that they resolved all pending issues with the exception of attorney's fees and costs. Significantly, the E/C agreed to authorize a psychiatrist of its choice to treat Claimant's psychological injuries. The mediation agreement specified that all pending issues were resolved and that the JCC retained jurisdiction regarding the issue of entitlement and amount of attorney's fees and costs. The JCC thereafter entered an order dismissing all claims contained in all PFBs filed on or before June 22, 2009, except for those pertaining to attorney's fees and costs.
After resolving all claims in mediation, the E/C filed a motion to compel Claimant's attendance at a neuropsychiatric IME. In the motion, the E/C expressed concern over the...
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TORRES v. State of Fla., 1D09-1320.
...that the waiver is free and knowing, voluntary and intelligent. When trial counsel in Morris v. State, 680 So.2d 544 (Fla. 1st DCA 43 So.3d 834 1996), moved ore tenus for a non-jury trial, the defendant indicated on the record that he agreed with the request, and the trial court granted the......
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Stahl v. Hialeah Hosp. & Sedgwick CMS, 1D13–3929.
...law occurs if the JCC orders an independent medical examination without statutory authority. See Lehoullier v. Gevity/Fire Equip. Servs., 43 So.3d 834, 836 (Fla. 1st DCA 2010). Claimant here objects to the statutory authority for the exam on two different vectors—the independent medical exa......
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Torres v. Costco Wholesale Corp.
...statutory language requires a “dispute” as the condition precedent to an IME. This was made clear in Lehoullier v. Gevity/Fire Equipment Services, 43 So.3d 834 (Fla. 1st DCA 2010): “Section 440.13(5)(a), Florida Statutes (2007), permits an IME if the facts disclose a dispute ‘concerning ove......
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Wojick v. State, 1D11–0918.
...was “medically necessary” as that phrase is used in section 440.13(2)(a), Florida Statutes. See Lehoullier v. Gevity/Fire Equip. Servs., 43 So.3d 834 (Fla. 1st DCA 2010) (holding the JCC lacked authorization to compel an IME where the claimant had not requested benefits or medical treatment......