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WOJICK v. STATE

No. 1D11-0918.

75 So.3d 362 (2011)

Kimberlyann V. WOJICK, Appellant, v. STATE of Florida, DEPARTMENT OF CHILDREN AND FAMILIES and State of Florida Division of Risk Management, Appellees.

District Court of Appeal of Florida, First District.

November 22, 2011.

Attorney(s) appearing for the Case

Bill McCabe , Longwood, and Scott R. Marshall , Clearwater, for Appellant.

James M. Hess , Maitland, for Appellees.

PER CURIAM.

In this workers' compensation case, Claimant appeals an order of the Judge of Compensation Claims (JCC) compelling her to attend a functional medical evaluation (FME). We reverse the order. Without deciding whether an FME is identical to an independent medical examination (IME), we hold the JCC lacked jurisdiction to rule on the matter here, given there is no pending claim for benefits, no statutory authority for an FME per se within chapter 440, Florida...

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