Cases

In accordance with Section 440.13(5)(e), Florida Statutes (2003), only medical advisors appointed by the JCC, an IME doctor, or an authorized treating physician can testify in proceedings before the JCC. However, when the employer/carrier wrongfully denies medical and the claimant is required to utilize the self help provisions of Section 440.13(2)(c), Florida Statutes, the JCC is not obligated to exclude the opinions of the doctors from whom the claimant was forced to obtain medical treatment. See also Florida Distillers v. Rudd, 751 So. 2d 754, 757 (Fla. 1st DCA 2000).

The employer/carrier has the right to authorize doctors from whom an employee is to receive treatment for a work related injury. When the employer/carrier fails to provide appropriate care, it surrenders to the injured worker the right to select a physician and obtain treatment, provided the care is compensable and medically necessary. When the employer/carrier fails to provide such care and requires the claimant to choose his own doctor, the doctor is allowed to testify in workers’ compensation proceedings. The claimant has the burden of establishing that he made a specific request for the care, allow the employer/carrier a reasonable time to respond, and obtained care that was compensable, reasonable and medically necessary.

The decision in this case allowing claimant's chosen physicians to testify applies only in those circumstances where the employer/carrier wrongfully withholds benefits. For instance, if an employer/carrier suspends benefits based on grounds of fraud or major contributing cause that was warranted and later proven to be correct, the care obtained by the claimant would not be compensable or awardable.