Bedwell v. Stone Container Corp.
Bedwell v. Stone Container Corp.
Opinion of the Court
In this workers’ compensation case, Claimant petitions the court for a writ of certiorari quashing the Judge of Compensation- Claims’ (JCC’s) order compelling her to undergo an independent medical examination (IME) requested by the Employer/Carrier in response to her claim for medical benefits. Claimant argues that the JCC departed from the essential requirements of the law because the JCC did not have the statutory authority to compel an IME. We deny the petition because the law governing this June 22, 1987, date of accident gives the JCC broad discretion in . ordering an IME. See, e.g., Berry Corp. v. Smith, 576 So.2d 1366, 1367 (Fla. 1st DCA 1991) (holding JCC authorized to order IME using investigatory power provided in section 440.29(1), Florida Statutes (1987)).
We write to address a second point argued by Claimant in support of her petition-one that reveals a common misunderstanding of the required element of a departure from the essential require-
Because Claimant failed to demonstrate a departure from the essential requirements of law, the petition for writ of cer-tiorari is DENIED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.