DOMINIC IMPRESCIA, APPELLANT,
v.
J.B. SONNIER STABLES AND CNA INSURANCE COMPANIES, APPELLEES
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In this workers' compensation appeal, Dominic Imprescia challenged a judge of compensation claims' (JCC) order denying permanent total disability benefits, attendant care, and wage loss benefits, and authorizing a change in treating psychiatrist. The Florida First District Court of Appeal affirmed the JCC's decision, holding that the JCC properly exercised its discretion in switching physicians based on competent, substantial evidence.
The court affirmed the JCC's denial of permanent total disability benefits, attendant care, and wage loss benefits based on competent, substantial evidence. The court also affirmed the JCC's authority to change treating physicians, holding that although the JCC found Dr. Meller's past treatment reasonable and necessary, the JCC could authorize Dr. Zager if that physician would better serve the claimant's interests.
[1] A judge of compensation claims may order a change in remedial attention for good cause shown, in the judge's discretion.
[2] A judge of compensation claims has the obligation to consider the qualifications and treatment offered by physicians when the claimant and employer/carrier disagree on th…
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Join FLexlaw to unlock all legal intelligence“a judge of compensation claims may at any time, for good cause shown, in the judge of compensation claims' discretion, order a change in such remedial attention, care, or attendance.”
Establishes the statutory authority of the JCC to change treating physicians under Section 440.13(3), Florida Statutes.
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Join FLexlaw to unlock all legal intelligenceDominic Imprescia suffered a work injury while employed by J.B. Sonnier Stables. He sought workers' compensation benefits including permanent total di…
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KAHN, Judge.
Dominic Imprescia challenges a workers’ compensation order denying him benefits. He contends that the judge of compensation claims (JCC) erred in denying his claims for permanent total disability benefits, attendant care and wage loss. He further asserts that the JCC erred in deau-thorizing his treating psychiatrist for future care and authorizing a different psychiatrist. We affirm the JCC’s denial of appellant’s claims for permanent total disability benefits, attendant care and wage loss based on competent, substantial evidence supporting the order. We also affirm the JCC’s choice of physicians based on competent substantial evidence supporting the order and appellant’s failure to establish an abuse of discretion by the JCC. Claimant’s assertion that the JCC erred in deauthoriz-ing his treating psychiatrist for future care and authorizing a different psychiatrist is without merit. Although the JCC found the past treatment of claimant’s psychiatrist, Dr. Meller, to be reasonable and necessary “to treat (claimant’s) injuries,” the JCC rejected Dr. Meller’s opinion as to appellant’s present ability to work and as to prognosis, finding that treatment by another psychiatrist, Dr. Zager, would be in claimant’s best interest. The fact that the JCC found Dr. Meller’s past treatment reasonable and necessary does not preclude him from finding another psychiatrist would better serve claimant’s interest in providing palliative care. Whether good cause appears for deauthorization of a physician and whether authorization of another physician was in claimant’s best interest are questions of fact to be decided by the JCC. Cal Kovens Constr. v. Lott, 473 So. 2d 249, 254 (Fla. 1st DCA1985); Wolk v. Jaylen Homes, Inc., 593 So. 2d 1058, 1059 (Fla. 1st DCA1992).
Section 440.13(3), Florida Statutes (1989), provides, in part: “[A] judge of compensation claims may at any time, for good cause shown, in the judge of compensation claims’ discretion, order a change in such remedial attention, care, or attendance.” Where the claimant and the employer/carrier disagree as to the appropriate doctor, the JCC has the obligation to consider various qualifications of the two physicians, as well as the treatment and prognosis offered by the physicians. There is no reason why the JCC could not validly choose the physician who offered the more optimistic prognosis and provided the best hope for assisting claimant to return to productive work. If claimant becomes dissatisfied with Dr. Zager’s treatment, he is by no means precluded from seeking a future determination that deauthorization of Dr. Zager is indicated.
AFFIRMED.
ERVIN and SMITH, JJ., concur.
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Citator
Cited By
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Avery v. City OF Coral Gables & Johns E., 100 So. 3d 749 (Fla. 1st DCA 2012)…curative. In other words, in the absence of curative treatment necessitated by a compensable injury, section 440.13(2)(d) is inapplicable. The E/C cites, as support for its argument to the contrary, this court’s holding in Imprescia v. J.B. Sonnier, 600 So. 2d 539, 540 (Fla. 1st DCA 1992). In Imprescia, the claimant challenged the JCC’s order deauthorizing his treating psychiatrist for future care and authorizing a different psychiatrist. Id. This court held there was competent substantial evidence (CSE) to s…
Authorities Cited
- CAL Kovens Constr. & United States Fid. & Guar. Co. v. Lott, 473 So. 2d 249 (Fla. 1st DCA 1985)
- Wolk v. Jaylen Homes, Inc., 593 So. 2d 1058 (Fla. 1st DCA 1992)