Narrative Opinion Summary
Jose Luis Hernandez, a workers' compensation claimant, faced a dispute regarding his prescribed spinal-injection treatments. Although his employer authorized the treatment, it required that a different physician perform the injections instead of Hernandez's treating physician. The Judge of Compensation Claims ruled in favor of the employer. However, upon appeal, it was determined that the employer did not comply with Section 440.13(2)(d) of the statute, which permits transferring care only if an independent medical examination indicates the employee is not making appropriate progress. The employer's refusal to let Hernandez's authorized physician administer the treatments constituted a de facto deauthorization of the physician, which did not meet statutory requirements. The ruling of the lower court was reversed and remanded for further proceedings. Judges B.L. Thomas, Osterhaus, and Winsor concurred with the decision.
Legal Issues Addressed
Judicial Review and Reversalsubscribe to see similar legal issues
Application: The appellate court reversed the lower court's decision, identifying a statutory violation in the employer's actions, and remanded the case for further proceedings.
Reasoning: The ruling of the lower court was reversed and remanded for further proceedings.
Statutory Compliance under Section 440.13(2)(d)subscribe to see similar legal issues
Application: The appellate court found that the employer failed to comply with the statute, which allows transferring care only if an independent medical examination shows that the employee is not making appropriate progress.
Reasoning: Upon appeal, it was determined that the employer did not comply with Section 440.13(2)(d) of the statute, which permits transferring care only if an independent medical examination indicates the employee is not making appropriate progress.
Workers' Compensation and Medical Treatment Authorizationsubscribe to see similar legal issues
Application: The employer's decision to require a different physician for the spinal-injection treatments was deemed non-compliant with statutory requirements, as no independent medical examination indicated inappropriate progress.
Reasoning: The employer's refusal to let Hernandez's authorized physician administer the treatments constituted a de facto deauthorization of the physician, which did not meet statutory requirements.