Florida Regulations 69L-24.0241

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§ 69L-24.0241 Employee Failure to Appear for Independent Medical Examination.

The carrier may contact the injured employee directly to schedule a reasonable time for an independent medical examination. The carrier has an obligation to confirm, in writing, the date and time of such examination to the injured employee within five days of the date and time the carrier and employee agreed to such examination. The carrier must also notify the injured employee's counsel, if any, of such examination no later than seven days prior to the date such examination is scheduled.

(1) For purposes of this section, 'reasonable time' means a time acceptable to both parties.

(2) Injured employees are required to appear for all properly scheduled independent medical examinations, unless the injured employee can provide good cause for his absence. For purposes of this section, good cause can be established by showing that an immediate illness, injury, unforeseen event or intervening circumstances prevented the injured employee's appearance. An injured employee who does not properly provide at least 24-hours' notice of cancellation and cannot demonstrate good cause for his/her nonappearance for the independent medical examination shall not be excused from the sanctions of subsections (3) and (4) below.

(3) An injured employee who fails without good cause, as set forth above, to appear for the scheduled independent medical examination shall reimburse the carrier 50 percent of the cancellation or no-show fee. The carrier may withhold no more than 20 percent of each bi-weekly installment amount payable to the injured employee when recouping from the injured employee a cancellation or no-show fee that has been paid by the carrier. The carrier shall not recoup more than 50 percent of the actual cancellation or no-show fee.

(4) An injured employee who fails, without good cause as set forth in subsection (2), to appear for the scheduled independent medical examination is barred from recovering compensation for any period during which the injured employee has refused to submit to such examination. Compensation under this paragraph means indemnity benefits.

Specific Authority 440.591 FS. Law Implemented 440.13(5)(d) FS. History-New 8-29-94, Amended 5-14-95, Formerly 38F-24.0241, 4L-24.0241.