A recent ruling from the District Court of Appeal of Florida clarified the obligations of employers and carriers in workers' compensation cases regarding the selection of alternate physicians. The court's decision affects injured workers who seek a change in medical providers after a workplace injury, emphasizing the importance of timely medical care.

The case, City of Bartow and Commercial Risk Management v. Isidro Flores, was filed under docket number 1D18-1927. It centers on a dispute that arose after Isidro Flores, the claimant, sought a one-time change of his authorized physician following a work-related injury. The court's ruling not only resolves this specific case but also raises a question of great public importance that may require further clarification from the Florida Supreme Court.

Background

The dispute began when Isidro Flores suffered a compensable work injury on April 28, 2015. Following the injury, he was authorized to treat with Dr. Henkel, a neurologist. On June 20, 2017, Flores' attorney requested a change of physician within the same specialty, seeking authorization for Dr. Mary Ellen Shriver. The request stipulated that the employer/carrier (E/C) should respond with an appointment date within five days.

However, the E/C did not provide an appointment date until August 16, 2017, which was 56 days after receiving the request. During this time, Flores was left without an authorized medical provider due to the automatic deauthorization of Dr. Henkel. Frustrated by the delay, Flores filed a Petition for Benefits on July 19, requesting that he be allowed to select Dr. Koebbe as his alternate physician.

The Ruling

The court ruled in favor of Flores, affirming the decision of the Judge of Compensation Claims (JCC) that the E/C failed to comply with the statutory requirement to provide an alternate physician in a timely manner. The JCC found that the E/C did not adequately fulfill its obligation under section 440.13(2)(f) of the Florida Statutes, which mandates that an employer must authorize an alternate physician within five days of receiving a request.

The court stated, "The E/C forfeits the right of selection if it subsequently fails to provide the alternate physician by unreasonable delay in acquisition of an appointment date."

Judge M.K. Thomas delivered the opinion, which highlighted that while the E/C had timely authorized Dr. Shriver, it did not provide the necessary appointment date within a reasonable timeframe. The ruling emphasized that the E/C's failure to act promptly resulted in Flores being without authorized medical care for an extended period.

Impact

This ruling has significant implications for workers' compensation cases in Florida. It establishes that employers and carriers must not only authorize an alternate physician but also ensure that the appointment is scheduled in a timely manner. If they fail to do so, they risk losing their right to select the physician, allowing the injured worker to choose their own.

The decision reinforces the principle that timely medical care is essential for injured workers, aligning with the overall purpose of Florida's workers' compensation laws, which aim to facilitate efficient delivery of benefits. This ruling may influence how employers and carriers approach requests for changes in physicians, as delays could lead to forfeiture of their rights.

What's Next

The court certified a question of great public importance to the Florida Supreme Court, asking whether an employer's duty to timely furnish medical treatment under section 440.13(2) is fulfilled solely by authorizing an alternate physician or if it must also provide an appointment date. This question may lead to further legal clarification and guidance on the responsibilities of employers and carriers in workers' compensation cases in Florida.