Thomas Mudd v. Trees LLC and Sedgwick CMS, XL Insurance America

In Thomas Mudd v. Trees LLC and Sedgwick CMS, XL Insurance America the Claimant was injured during the course and scope of employment while working as a driver/foreman. The Claimant seeks authorization of cognitive behavioral therapy, multidisciplinary pain management, acupuncture or dry needling, and an evaluation by a urologist pursuant to the recommendation of Dr. Christopher Reyher. After being treated by doctor Reyher, he concluded in his report that there was not much more treatment he could offer for the Claimant. The Claimant then requested a one-time change of physician which was granted. The E/C argues that the Claimant is not entitled to the benefits he is requesting because they are from a de-authorized physician. The E/C argues that once a one -time change of physician is granted the originally authorized physician becomes de-authorized. The JCC found that while a Claimant can only have one authorized treating physician per specialty at a time, the de-authorization of an authorized treating physician does not eliminate, discount, or negate any treatment, referrals, or recommendations they may have made while they were an authorized treating physician. Furthermore, the JCC determined that the medical treatment requested was supported by competent substantial evidence and the referring physician’s opinions were admissible. The JCC GRANTED multidisciplinary pain management and evaluation by a urologist, but DENIED cognitive behavioral therapy and acupuncture.

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