Penalty for Failure to Provide Notice Is Not Discretionary

Florida’s 1st District Court of Appeal ruled that the requirement for a party to give notice of selection of an independent medical examiner is mandatory, and a judge has no discretion to admit the report if notice was not provided. Case: Izaguirre v. Beach Walk Resort, No. 1D18-1990, 05/16/2019, published. Facts and procedural history: Librada Izaguirre worked for the Beach Walk Resort. She filed a workers’ compensation claim asserting she had suffered injuries in an on-the-job accident on April 30, 2016. Judge of Compensation Claims Geraldine B. Hogan denied benefits after str...