Disability Law

Claimant Entitled to "One-Time Change of Physician" Even After Treating Physician Discharges Claimant From His Care

By David A. McCranie, Esq.

Section 440.13(2)(f), Fla. Stat., entitles the claimant to a "one-time-change-of-physician" upon his written request "during the course of treatment" for an on-the-job accident.  Does such a written request come "during the course of treatment" when it is made after the initial treating physician has discharged the claimant from his care and opined that "[n]o further treatment is indicated for this patient"?  Yes, said the First District Court of Appeal in Providence Property and Casualty v. Wilson, decided on 9/23/2008.

Consistent with its opinion in Dawson v. Clerk of the Circuit Court - Hillsborough County, decided by another panel of the court on the same day, the court also held that upon proper request the E/C must authorize the requested change — even in cases where the E/C contend that the industrial accident is not the "major contributing cause" of the need for treatment.  "[I]f, after authorization of the one-time change," said the court, "the E/C are still of the opinion that the treatment recommended or provided is unnecessary, or is unrelated to the industrial accident, the E/C can deny authorization for such treatment pending resolution of the issue by the JCC."  

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