McNealy v. Verizon Support Center
37 FLW D370
Claim controlled by the managed care provisions of Section 440.134, Florida Statutes (2000). Because resolution of the issue in this case required interpretation of a statute, the appellate review is de novo.
Claimant became dissatisfied with her treating orthopedic physician and requested a change in orthopedic physicians. Thereafter, she became dissatified with her primary care physician and sought to change to another primary care physician. Court determined that the employee whose medical treatment is controlled, provided by a managed care arrangement, he is entitled to select a primary care provider and thereafter select one change in primary care provider even though an alternate medical care orthopedic surgeon had been provided. The right to select a new primary care provider is not dependent upon a showing of medical necessity.