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Articles Tagged with Bustamante

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doctor2-resizedIn worker’s compensation cases, the Employer/ Carrier has the right to select the injured worker’s physician. Are there any circumstances in which an injured worker can pick his or her own physician?  The answer to this question is “Yes.”

Under Section 440.13(2)(f), Florida Statutes (2011), the Claimant is allowed a one-time change of physician for the life of the case.  The request for the one-time change made by an injured worker must be approved and the Claimant must be notified within five (5) days.

In the case of  Bustamante v. Amber Construction Co. and American Interstate Ins. Co. (Fla. 1st DCA 2013), the injured worker’s attorney emailed the request for a one-time change to the adjuster on September 25, 2012.  The adjuster responded the following day, stating that he would contact another provider to see if one of their orthopedics would take over treatment.  Thereafter, the adjuster faxed a letter to the new orthopedic advising them that they were authorized to “evaluate and treat claimant.”

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