Milca Esther Martinez v. Angel’s Care & Learning Center dba Children’s Prep Academy and Travelers Indemnity Company of America

In Milca Esther Martinez v. Angel’s Care & Learning Center dab Children’s Prep Academy and Travelers Indemnity Company of America the Claimant requested a one time change and one day later the E/C provided the name of a new physician. After the new physician reviewed the claimant’s medial records he refused to accept claimant as a patient. The E/C then offered an alternative provider. Claimant asserted more than five days had elapsed since his original request, thereby affording him the right to select his one time change. The JCC found that there had been no unreasonable delay in the handling of the OTC request in this case. Claimant’s selection of OTC physician DENIED.

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