Florida District Courts of Appeal, 2002

Williams v. Department of Labor & Employment Security

Williams v. Department of Labor & Employment Security
Florida District Courts of Appeal · Decided March 25, 2002 · Barfield, Ervin, Lewis
813 So. 2d 193; 2002 Fla. App. LEXIS 3776; 2002 WL 449051 (Southern Reporter, Second Series)

Williams v. Department of Labor & Employment Security

Opinion of the Court

BARFIELD, J.

AFFIRMED. The judge of compensation claims (JCC) correctly construed section 440.134(6)(c)9, Florida Statutes, which requires a managed care plan to include a process allowing an injured employee to obtain one second opinion in the same specialty, but does not afford the injured employee an automatic right to a second opinion evaluation. We find that competent substantial evidence supports the JCC’s findings that the claimant failed to present any evidence suggesting an additional orthopedic evaluation would be reasonable in these circumstances, and that her mere dissatisfaction with her treating orthopedic physician’s “attitude” was insufficient to support her claim for a second opinion. We note that the claimant had previously obtained a change in orthopedic physicians under section 440.134(10)(c), Florida Statutes.

ERVIN and LEWIS, JJ., concur.

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