JCC Ring (Fort Lauderdale) (Andrew Borah) (1-29-24) – Denied contested attorney’s fee. The claimant’s attorney sought fee entitlement on the claimant’s PFB, which requested a follow-up appointment with Dr. Schillinger. The claimant asserted that they are entitled to an attorney fee since the return appointment with Dr. Schillinger did not occur within 30 days from the date the PFB was received. The JCC rejected this argument, finding case law does not require the appointment to occur within a certain time frame but rather mandates that the appointment must be timely authorized. F.S.440.34(3). Here, the adjuster responded to the PFB authorizing a return appointment with the Dr. Schillinger on the 27th day after receipt of the PFB, scheduled the appointment on the 31st day, and the appointment with the doctor occurred on the 39th day after the PFB was received. Hence there is no attorney fee entitlement. Click here to view Order
|