Opinion
No. 92-2271.
October 26, 1993.
An appeal from the Circuit Court for Alachua County; Chester Chance, Judge.
Michael H. Weiss, Gainesville, for appellant.
Charles M. Johnston, Christopher P. Boyd, and Ada A. Hammond of Taylor, Day Rio, Jacksonville, for appellee.
Roy D. Wasson, Miami, for amicus curiae, Academy of Florida Trial Lawyers.
We affirm the trial court's determination that appellant unreasonably refused to submit to a medical examination pursuant to section 627.736(7), Fla. Stat. (1989).
It is unnecessary for us to address any of the arguments concerning the constitutionality of the statute as applied to a situation where the personal injury protection carrier requests a permanency rating in connection with a physical examination conducted pursuant to § 627.736(7), Fla. Stat., as these issues were not raised in the trial court.
ERVIN, JOANOS and WOLF, JJ., concur.