Protegrity Services, Inc. v. Vaccaro
30 FLW D1989
Employer/carrier deauthorized treating physician based upon a "utilization review" and threatened to initiate a utilization review by the Division of Workers’ Compensation which could result in the assessment of penalties against the doctor. Civil cause of action filed against employer/carrier alleging that the employer/carrier had falsely threatened the doctor with a utilization review, that such conduct was intended to interfere with the claimant’s relationship with her doctor, and deprive her of medical care and that such conduct created serious injury to the claimant. Court determined that such allegations constituted an intentional act creating an exception to the exclusive remedy provisions of the Florida Workers’ Compensation Act. The court determined that these allegations went beyond a mere claim delay or a simply dispute involving benefits. In this Motion to Dismiss proceeding, the lower court was required to accept the factual allegations of the complaint as true and in a light most favorable to the plaintiff even though they may ultimately not be substantiated by the evidence.