Hmshost Corporation/Gallagher Bassett Servs. Inc. v. Frederic
| Decision Date | 20 July 2012 |
| Docket Number | No. 1D11–4956.,1D11–4956. |
| Citation | 102 So.3d 668 |
| Parties | HMSHOST CORPORATION/GALLAGHER BASSETT SERVICES INC., Appellants, v. Guerda FREDERIC, Appellee. |
| Court | Florida District Court of Appeals |
OPINION TEXT STARTS HERE
An appeal from an order of the Judge of Compensation Claims. Charles M. Hill, III, Judge.
H. George Kagan of Miller, Kagan, Rodriguez & Silver, P.L., West Palm Beach, for Appellants.
Kimberly A. Hill of Kimberly A. Hill, P.L., Fort Lauderdale, for Appellee.
In this workers' compensation case, the Employer/Carrier appeals an order of the Judge of Compensation Claims (JCC) awarding Claimant her own selection of a “one-time” change of physician under section 440.13(2)(f), Florida Statutes (2009). We reverse because, although we agree with the JCC that Claimant's purported petition for benefits constituted the “written request” required by section 440.13(2)(f), we hold the JCC erred in finding the Employer/Carrier (E/C) did not comply with the request within the five days section 440.13(2)(f) allows. The E/C's informing Claimant of a particular doctor's name within five days of receiving the request satisfied section 440.13(2)(f), even though the E/C did not contact the doctor. See Dorsch, Inc. v. Hunt, 15 So.3d 836 (Fla. 1st DCA 2009);Harrell v. Citrus County Sch. Bd., 25 So.3d 675 (Fla. 1st DCA 2010). We distinguish Pardo v. Denny's, Inc., 631 So.2d 388 (Fla. 1st DCA 1994), on the ground that its facts involved the initial provision of care rather than, as here, the transfer of care.
REVERSED.
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City of Bartow v. Flores
...2013) (holding E/C timely response to one-time change of physician request requires notice to claimant of authorization—the "flip side" of Frederic ); Hinzman v. Winter Haven Facility Operations LLC , 109 So. 3d 256, 257 (Fla. 1st DCA 2013) (holding the five-day response period refers to ca......
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Gadol v. Masoret Yehudit, Inc.
...So.3d 556, 561 (Fla. 1st DCA 2009). A PFB can constitute the “written request of the employee.” See HMSHOST Corp./Gallagher Bassett Servs. Inc. v. Frederic, 102 So.3d 668 (Fla. 1st DCA 2012). An E/C timely responds by informing the claimant of the new doctor's name; a timely response does n......
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Bustamante v. Amber Constr. Co.
...least one specific physician within five days of a claimant's request.” Id. at 678. Additional support is found in HMSHost Corp. v. Frederic, 102 So.3d 668 (Fla. 1st DCA 2012). This court reversed the JCC's finding that the E/C had not timely authorized a change in physician. Id. “The E/C's......
- Grant v. State, 1D11–0719.