Worker's Appeal Untimely By Reviving Old Issue, Appeals Court Rules

A Florida appellate court dismissed a writ of certiorari after concluding that the injured worker waited too long to appeal an order to visit an employer's independent medical examiner.In Caldwell v. Wal-Mart Stores, Inc., No. 1D07-4359, 5/5/08, the 1st District Court of Appeals affirmed the dismissal of Mary Caldwell's request for review of a decision after concluding that her writ of certiorari was untimely.Caldwell was injured while working for Wal-Mart. The employer requested that she see its independent medical examiner in November 2006. She did not appear, and also failed to appe...