In Ashly Potter v. Winn-Dixie Wine & Spirits and Sedgwick CMS the E/C moved for an alternate provider suggesting that their original IME provider had refused to provide an updated evaluation. Claimant asserted the E/C had utilized their IME and were not entitled to another. The JCC determined that the doctor’s refusal to schedule an appointment and/or conduct an updated evaluation to review the pending medical issues necessarily rendered him “unqualified to render an opinion” as contemplated by the statutory language. Consequently, the E/C motion for alternate IME was GRANTED.
