43
Fla. L. Weekly D413b
Fla. L. Weekly D413b
Workers’
compensation — Medical benefits — Employer’s authorization of certain
treatments while insisting that treatments be performed by health care provider
other than claimant’s treating physician amounted to de facto deauthorization
of treating physician — Employer did not satisfy requirements of statute
allowing employer to transfer care of employee if independent medical
examination determines employee is not making appropriate progress in
recuperation
compensation — Medical benefits — Employer’s authorization of certain
treatments while insisting that treatments be performed by health care provider
other than claimant’s treating physician amounted to de facto deauthorization
of treating physician — Employer did not satisfy requirements of statute
allowing employer to transfer care of employee if independent medical
examination determines employee is not making appropriate progress in
recuperation
JOSE LUIS HERNANDEZ, Appellant, v.
HIALEAH SOLID WASTE DEPARTMENT and SEDGWICK CMS, Appellees. 1st District. Case
No. 1D17-141. February 20, 2018. Date of Accident: March 10, 2015. On appeal
from an order of the Judge of Compensation Claims. Edward Almeyda, Judge.
Counsel: Mark L. Zientz of Law Offices of Mark L. Zientz, P.A., Miami, for
Appellant. Eduardo E. Neret of Neret, Finlay & Nguyen, LLP, Miami, for
Appellees.
HIALEAH SOLID WASTE DEPARTMENT and SEDGWICK CMS, Appellees. 1st District. Case
No. 1D17-141. February 20, 2018. Date of Accident: March 10, 2015. On appeal
from an order of the Judge of Compensation Claims. Edward Almeyda, Judge.
Counsel: Mark L. Zientz of Law Offices of Mark L. Zientz, P.A., Miami, for
Appellant. Eduardo E. Neret of Neret, Finlay & Nguyen, LLP, Miami, for
Appellees.
(PER CURIAM.) Jose Luis Hernandez, a
workers’ compensation claimant, was prescribed certain spinal-injection
treatments. His employer authorized the treatment, but insisted that another
physician — not Hernandez’s treating physician — perform them. The Judge of
Compensation Claims sided with the employer, and Hernandez appeals.
workers’ compensation claimant, was prescribed certain spinal-injection
treatments. His employer authorized the treatment, but insisted that another
physician — not Hernandez’s treating physician — perform them. The Judge of
Compensation Claims sided with the employer, and Hernandez appeals.
Section 440.13(2)(d) allows the
employer “to transfer the care of an injured employee from the attending health
care provider if an independent medical examination determines that the
employee is not making appropriate progress in recuperation.” Here, the
employer did not satisfy the statute’s requirements. Instead, the employer
refused to allow Hernandez’s authorized physician to perform authorized
treatments, a refusal “amount[ing] to a de facto deauthorization of the
doctor.” Williams v. Triple J Enters., 650 So. 2d 1114, 1116 (Fla. 1st
DCA 1995).
employer “to transfer the care of an injured employee from the attending health
care provider if an independent medical examination determines that the
employee is not making appropriate progress in recuperation.” Here, the
employer did not satisfy the statute’s requirements. Instead, the employer
refused to allow Hernandez’s authorized physician to perform authorized
treatments, a refusal “amount[ing] to a de facto deauthorization of the
doctor.” Williams v. Triple J Enters., 650 So. 2d 1114, 1116 (Fla. 1st
DCA 1995).
REVERSED and REMANDED for further
proceedings. (B.L. THOMAS, C.J., and OSTERHAUS and WINSOR, JJ., concur.)
proceedings. (B.L. THOMAS, C.J., and OSTERHAUS and WINSOR, JJ., concur.)
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