Claimant Lost by Litigating, Not Communicating

The Florida First District Court of Appeal decided a claimant who litigated a claim for medical benefits instead of communicating with the carrier about her difficulty with her surgeon is not entitled to recovery of attorney fees. In Tipton v. E-Z Serve Convenience Stores Inc., No. 1D05-2490 (7/26/06), Miriam Tipton appealed from a final order of the Judge of Compensation Claims (JCC) determining she was not entitled to attorney's fees. Tipton had a compensable accident in 1996 and came under the care of Dr. Michael Rohan, an orthopedic surgeon. Rohan treated her through 2001 when there wa...