In Ted Horn v. Best Way Systems, Bestway Trucking Incorporated and CNA Insurance, Liberty Mutual Insurance the authorized physician made a referral for evaluation of a specific orthopedic spine specialist. The E/C agreed an evaluation was medically necessary, but they denied that their failure to respond to the referral request within 10 days resulted in the surrender of the right to select the physician. The E/C argued they had eventually authorized a specialist 44 miles from claimant’s residence and this was closer than the 100 mile distance to the referred doctor. The JCC observed medical necessity, not distance, is the governing factor. In this case the facts established authorization of the referred physician was medical necessary. Claim for specialist GRANTED.
