Hillsborough County School Board v. Suarez
Docket: No. 1D05-1749
Court: District Court of Appeal of Florida; February 5, 2006; Florida; State Appellate Court
The Hillsborough County School Board (E/C) appealed a final workers’ compensation order from the judge of compensation claims (JCC) that awarded indemnity and medical benefits to claimant Francisca Suarez. The appellate court affirmed all awards supported by competent, substantial evidence (CSE), except for the authorization allowing claimant to change her orthopedic surgeon to Dr. Dale Bramlet. The court found that the JCC did not follow the procedural requirements of section 440.13(2)(f), Florida Statutes (2002), which stipulates that an employee may request a one-time change of physician from a list of at least three authorized physicians. The JCC allowed the change to Dr. Bramlet without ensuring the claimant first requested the E/C's authorization from a list of three physicians, as required by law. The court referenced previous cases indicating that a claimant is not entitled to choose a physician unless the E/C has failed to provide qualified alternatives upon request. Therefore, the portion of the order allowing the change to Dr. Bramlet was reversed, and the case was remanded for compliance with the statutory procedure. The court affirmed that the claimant’s prior change from the initially authorized specialist, Dr. John Rayhack, to Dr. Umesh Raturi, did not preclude her from seeking a change to Dr. Bramlet, as the change was initiated by Dr. Rayhack rather than the claimant. This finding was supported by CSE, confirming the JCC's interpretation of the statute. The decision concludes with the court affirming part of the JCC's order and reversing and remanding part of it.