A Florida court has ruled that a worker injured on the job has the right to select a new physician after the employer failed to act promptly in arranging an appointment. This decision affects how workers' compensation claims are handled in the state, particularly regarding the selection of medical providers following workplace injuries.
The case, St. Lucie Public Schools/Relation Insurance Services of Florida v. Dianne Alexander, was filed under docket number 1D20-2266. The ruling came from the First District Court of Appeal of Florida on June 16, 2021. It centers around a dispute between St. Lucie Public Schools and Dianne Alexander, a claimant who sought a change of physician after an injury.
The dispute began when Alexander, who was injured on December 11, 2018, requested a one-time change of physician under Florida's workers' compensation laws. The employer, St. Lucie Public Schools, and their servicing agent Relation Insurance Services of Florida, were responsible for managing Alexander's workers' compensation claim. After Alexander made her request, the employer provided her with the name of Dr. Rivera as the new physician. However, the employer did not follow up promptly to schedule an appointment.
The Judge of Compensation Claims (JCC) ruled that the employer's delay in setting an appointment forfeited their right to select the physician. The JCC noted that while the employer provided Dr. Rivera's name two days after the request, they did not make actual contact with his office until 21 days later. By that time, Dr. Rivera declined to treat Alexander, and another physician had to be located.
The court affirmed the JCC's ruling based on this delay. The opinion stated, "We agree with Claimant that competent, substantial evidence supports the JCC’s finding that the E/SA forfeited the right of selection because they unreasonably delayed setting an appointment with an alternative physician." This ruling aligns with a previous case, City of Bartow v. Flores, which established that an employer forfeits the right of selection if they unreasonably delay in providing a new physician.
Judges Lewis and Roberts concurred with the decision, while Judge Nordby also concurred but noted his agreement with a dissenting opinion from the earlier case, City of Bartow v. Flores. The dissent raised concerns about the obligations of employers regarding the authorization and provision of a change of physician.
This ruling has significant implications for workers' compensation cases in Florida. It reinforces the importance of timely action by employers when a worker requests a change of physician. If employers do not act promptly, they risk losing their right to control the selection of medical providers for injured employees.
The decision sets a precedent that emphasizes the responsibility of employers to facilitate timely medical care for injured workers. It highlights the need for employers to be proactive in managing workers' compensation claims to avoid potential liabilities.
Moving forward, this ruling may influence how employers handle similar cases in the future. It serves as a reminder that delays in the workers' compensation process can have serious consequences for both employers and employees.
As for what’s next, it is unclear if the ruling will be appealed. The court's decision is not final until any authorized motions are resolved. There may be related cases pending that could further clarify the obligations of employers in workers' compensation claims.