The plain language of 440.15(e)(1) allows the employer to obtain a vocational assessment, and the change in attendant care after the PTD acceptance was a sufficient basis to trigger the employer/carrier’s right to a vocational assessment.

In this case before Judge Stanton in Gainesville, the employer/carrier filed a motion to compel a vocational assessment, arguing it had the right to require the claimant to undergo same as it is paying the claimant permanent total disability benefits. The employer/carrier argued that it had an absolute right to obtain the assessment, but the claimant argued that the employer/carrier must present evidence that there has been a change in medical condition, the treating doctor recommends the assessment or the claimant has made appropriate medical progress.

The claimant began receiving permanent total disability benefits in 2004 prior to a reduction in attendant care in 2016. Therefore, the judge found that the plain language of 440.15(e)(1) allowed the employer/carrier to obtain an assessment and that the change in attendant care after the permanent total disability acceptance was a sufficient basis to trigger the employer/carrier’s right to a vocational assessment.

The claimant appealed, and the First District Court of Appeal affirmed the judge’s decision without a written opinion.

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