Greetings, and hope everyone had a nice break.  This is just a reminder to thoroughly scan anything that was received from the claimant or their attorney for a 1-time change request.  The deadline to respond to anything received on last Wednesday is today at 11:59 pm.

The claimant does not have to use the actual phrase “1-time change” so be on the lookout for anything mentioning:

• An alternative physician
• Transfer of physician
• A provider per 440.13 (2)(f)

The request cannot be hidden per the caselaw, see below:

Gonzalez v. Quinco Elec., Inc., 171 So. 3d 153, 154 (Fla. 1st DCA 2015).

The court noted that “a claimant’s request for a one-time change of physician under 440.13(2)(f) should not be inserted into a document that appears on its face to have exclusively another purpose. Rather, the request should be readily apparent, unobscured and unambiguous, to advance the purpose of placing the E/C on notice that such a request is being made in that document.

But we certainly do not want to have to be arguing whether or not it was clear before a JCC.

Hope to see many of you at or holiday parties this week in Orlando and Tampa!

Sincerely,

Morgan Indek | Managing Partner