Wilmer Hernandez Perez v. Seacrest Services, Inc. and Travelers Insurance

In Wilmer Hernandez Perez v. Seacrest Services, Inc. and Travelers Insurance the Claimant injured his hand and shoulder. The Claimant petitioned for a one time change of doctor to Dr. Richard Weiner. The E/C argued that the petition for benefits filed was non-specified as to the body parts or physician for which the change was being requested. Initially when Claimant submitted a one-time change request, the E/C inquired as to which provider or body part claimant was seeking the one-time change. The Claimant did not respond so the E/C authorized a OTC for a hand specialist. Claimant then responded that he requested a OTC for his shoulder not a hand specialist. The E/C confirmed the OTC originally selected since that specialist treated hand and shoulder injuries. The Claimant argued that the OTC which was a 38-mile distance was too far. The JCC was not persuaded by this argument. Furthermore, the JCC found that the OTC was timely authorized. Request for OTC of physician of claimant’s choice DENIED.

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