In Miguel Perez Ortiz v, YRC, Inc, d/b/a YRC Freight and Sedgwick CMS Claimant requested a OTC. The current issue is which party had the right of selection. The adjuster testified that she did not receive the email alleged to have been sent requesting the OTC. She further testified she timely provided a OTC provider upon receipt of the PFB. The JCC found that the email request did not contain pertinent information sufficient for the E/C to be placed on notice of the OTC request. Accordingly, the JCC held the PFB triggered the E/C obligation to provide a OTC physician and they had timely responded in that regard. Claimant’s choice of OTC provider DENIED.
