DELTA AIRLINES AND EMPLOYERS INSURANCE OF WAUSAU, APPELLANTS,
v.
DARLENE UNDERWOOD, APPELLEE
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Florida appellate court reversed award of temporary total disability benefits where claimant arbitrarily changed physicians without employer approval or medical emergency, but affirmed that employer was not liable for unauthorized treatment under Section 440.13(2).
An employee who changes physicians without medical emergency or prior approval from the deputy commissioner does not comply with statutory procedures and is not entitled to temporary total disability benefits during the unauthorized treatment period.
[1] An employee who unilaterally changes physicians without medical emergency or prior deputy commissioner approval does not comply with Section 440.13(2) and forfeits entitl…
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Join FLexlaw to unlock all legal intelligence“absent a medical emergency, arbitrarily changed physicians while alternate treatment was still being provided by the employer/carrier and without seeking prior approval by the deputy commissioner”
Court's explanation of why claimant did not comply with statutory procedures
Darlene Underwood, an injured employee, arbitrarily changed physicians from the employer/carrier's designated doctor to Dr. Wallace while alternate tr…
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PER CURIAM.
We reverse the deputy’s award of temporary total disability benefits from March 27, 1980 through July 21, 1980. See Walter Glades Condominium v. Morris, 393 So. 2d 664 (Fla. 1st DCA 1981); Lehigh Corp. v. Byrd, 397 So. 2d 1202 (Fla. 1st DCA 1981); Four Quarters Habitat, Inc. v. Miller, 405 So. 2d 475 (Fla. 1st DCA 1981); McDonnell Douglas v. Holliday, 397 So. 2d 366 (Fla. 1st DCA 1981).
We affirm the point on cross-appeal; the deputy was correct in concluding that the employer/carrier was not responsible for the unauthorized treatment of Dr. Wallace. Here, the claimant, absent a medical emergency, arbitrarily changed physicians while alternate treatment was still being provided by the employer/carrier and without seeking prior approval by the deputy commissioner. Therefore, the claimant did not properly comply with the procedures specified in Section 440.13(2), Florida Statutes (1979).1 See Redwing Carriers, Inc. v. Pinto, IRC Order 2-3089 (January 6, 1977); Schult Mobile Home Corp. v. Walling, 384 So. 2d 251 (Fla. 1st DCA 1980).
Reversed in part, and affirmed in part.
ERVIN, WENTWORTH and JOANOS, JJ., concur. . Fla.Stat. § 440.13(2) provides:
If an injured employee objects to the medical attendance furnished by the employer, it shall be the duty of the employer to select another physician to treat the injured employee unless a deputy commissioner determines that a change in medical attendance is not for the best interests of the injured employee; however, a deputy commissioner may at any time, for good cause shown, in the deputy commissioner’s discretion, order a change in such remedial attention, care, or attendance.
Cases With Similar Vibessemantic neighbors from the corpus
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Thomas v. The Salvation Army & Liberty Mut. Ins. Co., 562 So. 2d 746 (Fla. 1st DCA 1990)…eatment of a workers’ compensation claimant, absent a medical emergency, where a claimant arbitrarily changes doctors while the e/c is providing medical treatment, and the claimant fails to seek prior approval of the dc. Delta Airlines v. Underwood, 406 So. 2d 1188 (Fla. 1st DCA 1981). Id. at 257. There is absolutely no evidence of an emergency in this case and no showing that would warrant the payment of the medical bills of an unauthorized physician. The majority opinion deals solely with the question of w…
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Sears v. Viera, 440 So. 2d 49 (Fla. 1st DCA 1983)…ired to seek prior approval from the deputy commissioner for the unauthorized care, demonstrating good cause therefor. Section 440.13(2); see also Mt. Sinai Medical Center v. Lack, 381 So. 2d 304 (Fla. 1st DCA 1980); and Delta Airlines v. Underwood, 406 So. 2d 1188 (Fla. 1st DCA 1981) (absent an emergency, a claimant cannot arbitrarily change physicians without seeking prior approval from the deputy commissioner). In Flanders, the employer did not fail to provide medical treatment since it provided the claima…
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Ocean Manor Resort Hotel & CNA Ins. Co. v. Garbalosa, 512 So. 2d 256 (Fla. 1st DCA 1987)…eatment of a workers’ compensation claimant, absent a medical emergency, where a claimant arbitrarily changes doctors while the e/c is providing medical treatment, and the claimant fails to seek prior approval of the dc. Delta Airlines v. Underwood, 406 So. 2d 1188 (Fla. 1st DCA 1981). We reverse, therefore, the order as it directs payment of Dr. Schmer’s medical treatment, provided to claimant before the date the e/c received notice of such treatment. Once, however, the e/c was placed on notice by letter da…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Walter Glades Condo. v. Petunia Morris, 393 So. 2d 664 (Fla. 1st DCA 1981)
- Lehigh Corp. & U. S. Fid. & Guar. Co. v. Byrd, 397 So. 2d 1202 (Fla. 1st DCA 1981)
- Four Quarters Habitat, Inc. v. Miller, 405 So. 2d 475 (Fla. 1st DCA 1981)
- Schult Mobile Home Corp. & Liberty Mut. Ins. Co. v. Walling, 384 So. 2d 251 (Fla. 1st DCA 1980)
- McDONNELL Douglas & Indus. Indem. Co. v. Holliday, 397 So. 2d 366 (Fla. 1st DCA 1981)