Benigno Landero v. Tri-Choice Services, Inc. and Federated Mutual Insurance

In Benigno Landero v. Tri-Choice Services, Inc. and Federated Mutual Insurance the claimant suffered a compensable injury while working for the employer. The claimant was not satisfied with the care received and requested a change in physician from E/C. Claimant was then advised that he must request a one-time change in writing. The employer prepared a letter for claimant to sign. Claimant did not sign the letter until days later. The issue was whether the claimants verbal request or written request triggered the five-day response time. The JCC found that the statute is clear and only the signed written request would be applicable. Petition DENIED.

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