Massaro v. Columbian Apartments

Florida District Courts of Appeal
Massaro v. Columbian Apartments, 457 So. 2d 1131 (1984)
9 Fla. L. Weekly 2201; 1984 Fla. App. LEXIS 15481
Booth, Smith, Thompson

Massaro v. Columbian Apartments

Opinion of the Court

PER CURIAM.

We affirm the order appealed from below except that portion denying claimant payment for medical services provided by Dr. Aaron Schneider. When the employer/carrier (E/C) deauthorized the claimant’s first treating physician without *1132authorizing alternative medical care, even when claimant requested such care, claimant was justified in seeking medical treatment from a physician of his own choosing. Gust K. Newberg Construction Co. v. Warren, 449 So.2d 934 (Fla. 1st DCA 1984); Sears, Roebuck and Co. v. Viera, 440 So.2d 49 (Fla. 1st DCA 1983). We find the E/C’s contention that it is entitled to ignore the request for alternative medical care of a claimant who is represented by counsel to be without merit. Accordingly, we modify the deputy commissioner’s order to require the E/C to pay the costs associated with Dr. Schneider’s orthopedic examination and evaluation of claimant. Otherwise, the order appealed from is AFFIRMED.

BOOTH, SMITH and THOMPSON, JJ., concur.

Reference

Full Case Name
Joseph MASSARO v. COLUMBIAN APARTMENTS and Aetna Casualty & Surety
Cited By
2 cases
Status
Published