MARIE LAFLEUR
v.
THE ARBOR HOLDING COMPANY LLC D/B/A BARRINGTON TERRACE OF FORT MYERS AND UNITED WISCONSIN INSURANCE COMPANY
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A physician in a different specialty, even if providing similar services, does not satisfy the statutory requirement that a replacement physician be in the 'same specialty' as the originally authorized physician.
[1] A statutory obligation to provide a physician in the same specialty as a previously authorized physician is not satisfied by authorizing a physician in a different specia…
[2] A physician who provides similar services in a different specialty does not qualify as a doctor in the 'same specialty' for purposes of a one-time change of physician und…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A physician who provides similar services in a different specialty does not qualify as a doctor in the 'same specialty' because—quite simply—'same' is different than 'similar.'”
Court's application of Myers v. Pasco County School Board standard
Marie Lafleur, a workers' compensation claimant, requested a one-time change of physician from her original physical medicine and rehabilitation speci…
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June 12, 2019 RAY, J.
In this workers’ compensation case, Claimant appeals an order of the Judge of Compensation Claims (JCC) denying Claimant the right to select the doctor who would serve as her one- time change of physician available under section 440.13(2)(f), Florida Statutes (2014). We reverse on the authority of Myers v.
2
Pasco County School Board, 246 So. 3d 1278 (Fla. 1st DCA 2018),* because the record does not contain sufficient evidence to support the JCC’s finding that the Employer/Carrier’s authorization of an anesthesiologist, although made within five calendar days of Claimant’s request for a one-time change, satisfied their statutory obligation to provide a physician in the “same” specialty as the previously authorized physician who specializes in physical medicine and rehabilitation. Section 440.13(2)(f) contemplates that the originally authorized physician be “in the same specialty as the changed physician.” Myers held that “[a] physician who provides similar services in a different specialty does not qualify as a doctor in the ‘same specialty’ because—quite simply—‘same’ is different than ‘similar.’” Id. at 1279.
REVERSED and REMANDED for further proceedings in accordance with this opinion.
ROBERTS and WINSOR, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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Citator
Authorities Cited
- Myers v. Pasco Cnty. Sch. Bd. & Johns E. Co., Inc., 246 So. 3d 1278 (Fla. 1st DCA 2018)