Florida District Courts of Appeal, 2011

Seigler v. RMC AMERICAS OF FLORIDA, LLC

Seigler v. RMC AMERICAS OF FLORIDA, LLC
Florida District Courts of Appeal · Decided March 22, 2011 · Roberts, Clark, Wetherell
57 So. 3d 913; 2011 Fla. App. LEXIS 3889; 2011 WL 985215 (Southern Reporter, Third Series)

Seigler v. RMC AMERICAS OF FLORIDA, LLC

Opinion

PER CURIAM.

In this workers’ compensation appeal, the Judge of Compensation Claims (JCC) erred in concluding the Employer/Carrier (E/C) timely responded to Claimant’s request for a change in physician under section 440.13(2)(f), Florida Statutes (2008). See Harrell v. Citrus County Sch. Bd., 25 So.3d 675 (Fla. 1st DCA 2010). Consequently, the JCC erred in denying Claimant the right to select his change in physician, denying attorney’s fees and costs, *914 and taxing prevailing party costs against Claimant. Accordingly, .the order on appeal is REVERSED, and this matter is REMANDED for proceedings consistent with this opinion.

ROBERTS, CLARK, and WETHERELL, JJ., concur.

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