In the final compensation order of Javier D. Rodriguez v. City of Titusville Police Department, the claimant suffered an accident that was determined compensable. The claimant filed for a one time change (OTC) of physician and the employer promptly scheduled with a new doctor. The new provider refused to see the patient and the employer selected another doctor with an appointment date 162 days after the original OTC request.
The claimant refused to follow through with this appointment, claiming that they had the right to see an alternative doctor. Their defense was that the new doctor was not initially authorized and that the appointment was not timely.
The JCC accepted the claimant’s argument and determined that the delayed appointment was unreasonable. The claimant was granted an OTC provider and the employer appealed but later dismissed their appeal.
Claim for OTC GRANTED
Attorney fees GRANTED