In Bernard Smalls v. Comcast Corporation and Helmsman Mgmt Services, Liberty Mutual Insurance the issue is the identity of the one-time change provider. The request for a one time change was made on 9/3/20 the issue is when the request was received. The E/C argues that it was not received until 9/9/20. The five-day mail service rule was applied, effectively making the service date 9/8/20. This made the deadline for response by the carrier 9/13/20. The carrier provided a response on 9/16/20. The JCC found that the response by E/C was untimely and the claimant was entitled to his choice of OTC provider. Petition GRANTED.
