Florida District Courts of Appeal, 2010

A Vanish Pest Control v. Martinez

A Vanish Pest Control v. Martinez
Florida District Courts of Appeal · Decided October 18, 2010 · Davis, Wetherell, Wolf
46 So. 3d 123; 2010 Fla. App. LEXIS 15803; 2010 WL 4059793 (Southern Reporter, Third Series)

A Vanish Pest Control v. Martinez

Opinion of the Court

PER CURIAM.

In this workers’ compensation appeal, the Employer/Carrier challenges an order of the Judge of Compensation Claims (JCC) granting Claimant’s request to select his own back specialist. Because there is no legal basis to support the JCC’s award of future back treatment with a physician of Claimant’s choice, we REVERSE. See Carmack v. State, Dept. of Agriculture, 31 So.3d 798, 800 (Fla. 1st DCA 2009). The Employer/Carrier shall provide Claimant with a back specialist of the Employer/Carrier’s own choosing.

WOLF, DAVIS, and WETHERELL, JJ., concur.

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