Disability Law

Independent Medical Examiner Can Be an Authorized Treating Physician

By David A. McCranie, Esq.

The JCC did not err in ordering the E/C to provide continuing medical care to the claimant through a physician which the claimant had previously designated as his "independent medical examiner."  That was the First DCA's holding in Protocol Communications, Inc. v. Andrews, decided on 9/26/2008.

Section 440.13(5)(a), Fla. Stat., provides in part that "[t]he independent medical examiner may not provide followup care if such recommendation for care is found to be medically necessary."  In Andrews, the employer had initially accepted the compensability of the claimant's accident but later reversed its position and denied further benefits.  Thereafter, the claimant obtained medical treatment on his own, and he designated that physician as his "independent medical examiner" in his subsequent claim against the E/C.  Andrews ultimately prevailed in his claim, and the JCC ordered the E/C to provide ongoing medical care through his independent medical examiner/treating physician. 

Affirming the JCC, the First DCA pointed to other language in the statute which states that "[i]f the parties agree, the [independent medical] examiner may be a health care provider treating or providing other care to the employee."  Although the parties did not agree, the court noted that neither did the E/C object to the designation of the doctor as an independent medical examiner.  The court also noted that because the carrier had failed to furnish necessary medical treatment, the claimant was entitled to obtain appropriate treatment on his own.  "The subsequent designation of that doctor as the claimant's independent medical examiner," said the court, "whereby his testimony could be presented at the hearing, does not negate his status as the treating doctor."

Full post as published by Florida Workers’ Compensation Law Blog on October 23, 2008 (boomark / email).