Nunez v. Valls Group, Inc. / MEMIC

JCC Havers (Miami) (Andy Borah)(3-29-22) – Denied change of physician –  The E/C authorized Dr. Tony Diaz to treat the shoulder and elbow, but Diaz recommended a transfer of care of the right elbow to his associate Dr. Easterling, after which Dr. Diaz only treated the shoulder.  The E/C authorized Dr. Easterling who ultimately operated on the claimant’s right elbow.  Following  a one-time change request from Dr. Diaz to Dr. Hodor, the E/C responded the next day authorizing Dr. Keyes to treat the shoulder.   The claimant argued that he was entitled to a one-time change for the right elbow condition because Dr. Keyes was only authorized to treat the shoulder, and that the E/C should have authorized Dr. Keyes to treat the elbow as well or provide another doctor to treat the elbow.  The JCC concluded the claimant acquiesced to Dr. Keyes to treat the right shoulder condition only and that it was incumbent on the claimant to determine the scope of authorization prior to commencing treatment. Click here to view Amended Order