Put it in Practice February 2023: Monthly Tips for Florida WC Professionals
You Only Get One Shot … and the Clock is Ticking! Preserving the Employer/Carrier’s One-Time Change of Physician
Under Florida law, claimants have very little say in the selection of their doctor.
However, claimants are allowed to make a written request for a change of doctor once during the life of a claim (F.S. §440.13(2)(f)). This means one change per date of accident, not one change per specialty.
The statute lets the Employer/Carrier select the new doctor, but only for a five-day window, so time is of the essence! If you do not follow the law as outlined below, the claimant will pick the one-time change doctor name and that is generally very bad news for the case.
Most JCC Orders awarding claimants the right to select the one-time change physician are because of delay in following up to schedule the appointment. You do not have to provide the appointment date and time within five days, but you do have to provide the doctor’s name.
Follow these steps to ensure we retain the right to select the one-time change:
- Make sure the claimant request is in writing.
- Beware of hidden requests faxed to a main number, emailed to a general account or embedded in letters addressing other issues.
- Read the request carefully. Instead of “one-time change,” you may see:
- “440.13(2)(f)”
- Alternate physician
- Replacement physician
- Respond in writing within five days. Weekends count! This is why we often see one-time change requests before a long holiday weekend. Do not wait for an appointment date and time to send the written response.
- When authorizing, include the name of the physician, facility and appointment date and time. The name of the facility alone is not sufficient. Authorize the new physician verbally and in writing. And, de-authorize the prior treating physician in writing.
- Select a physician in the same specialty as the treating physician. If the claimant is treating with more than one specialty and the request does not specify, request clarification in writing which one they are replacing.
- Advise the claimant/claimant’s counsel of the appointment date and time ASAP. If waiting to hear back from the physician, be diligent in following up and keep a “paper trail” of your efforts. If the physician declines to treat the claimant, select an alternate physician immediately and notify claimant/claimant’s counsel.
Following these guidelines will save you time, money and headaches. If you have any questions on this topic , please feel free to reach out to one of us at HR Law. This month’s author is Heather Bondhus, hbondhus@hrlawflorida.com