HERNANDEZ v. HIALEAH SOLID WASTE DEPARTMENT CMS (2018)

District Court of Appeal of Florida, First District.

Jose Luis HERNANDEZ, Appellant, v. HIALEAH SOLID WASTE DEPARTMENT and Sedgwick CMS, Appellees.

No. 1D17–141

Decided: February 20, 2018

Mark L. Zientz of Law Offices of Mark L. Zientz, P.A., Miami, for Appellant. Eduardo E. Neret of Neret, Finlay & Nguyen, LLP, Miami, for Appellees.

Jose Luis Hernandez, a workers' compensation claimant, was prescribed certain spinal-injection treatments. His employer authorized the treatment, but insisted that another physician—not Hernandez's treating physician—perform them. The Judge of Compensation Claims sided with the employer, and Hernandez appeals.

Section 440.13(2)(d) allows the employer “to transfer the care of an injured employee from the attending health care provider if an independent medical examination determines that the employee is not making appropriate progress in recuperation.” Here, the employer did not satisfy the statute's requirements. Instead, the employer refused to allow Hernandez's authorized physician to perform authorized treatments, a refusal “amount[ing] to a de facto deauthorization of the doctor.” Williams v. Triple J Enters., 650 So.2d 1114, 1116 (Fla. 1st DCA 1995).

Reversed and Remanded for further proceedings.

Per Curiam.

B.L. Thomas, C.J., and Osterhaus and Winsor, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network