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CITY OF RIVIERA BEACH v. NAPIER

No. 1D00-290.

791 So.2d 1160 (2001)

CITY OF RIVIERA BEACH and Gallagher Bassett Service, Inc., Appellants, v. Albert NAPIER, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 27, 2001.

Attorney(s) appearing for the Case

Jeffrey Marks of Keith Pallo & Associates, P.A., Palm Beach Gardens and Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, for Appellants.

Mark S. Kluger and Randy D. Ellison of Rosenthal & Weissman, P.A., West Palm Beach, for Appellee.

KAHN, J.

May the Judge of Compensation Claims (JCC) disallow the testimony of a physician who, after being hired by the employer and carrier (E/C) to perform an independent medical evaluation or examination (IME), charges and collects an amount in excess of the maximum allowed by law for IMEs in workers' compensation cases? Here, the JCC did just that. We hold the JCC had jurisdiction to make this determination and that the JCC reached the correct result.

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