A claimant must at least begin treatment with the physician who the claimant seeks to change before requesting another authorized doctor, the Florida 1st District Court of Appeal has ruled.
The court said in Butler v. Bay Center/Chubb Insurance Co., 1D06-1235, 12/29/06, that according to the plain language of statute Section 440.13(2)(c), claimant Brenda Butler failed to meet the requirement for requesting a one-time change in her treating physician.
"Because the treatment was timely authorized, the judge of compensation claims (JCC) was required to determine whether claimant could request...
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