08-5873 DORSCH, INC., D/B/A FLORIDA FUN BIKE SUPER CENTER/FEDERATED MUTUAL INSURANCE COMPANY, v. NORMAN HUNT

State: Florida

Court: Florida First District Court

Docket No: 08-5873

Case Date: 07/24/2009

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

DORSCH, INC. D/B/A FLORIDA FUN BIKE SUPER CENTER/FEDERATED MUTUAL INSURANCE COMPANY, Appellants, v. NORMAN HUNT, Appellee. _____________________________/ Opinion filed July 24, 2009.

CASE NO. 1D08-5873

An appeal from an order of the Judge of Compensation Claims. Mark Hofstad, Judge. Date of Accident: August 22, 2002. Robert M. Todd of Robert M. Todd, P.A., Clearwater, for Appellants. Carl A. Feddeler of Smith, Feddeler, Smith & Miles, P.A., Lakeland; Susan W. Fox of Fox & Loquasto, P.A., Tampa; and Wendy S. Loquasto of Fox & Loquasto, P.A., Tallahassee, for Appellee.

PER CURIAM. In this appeal from an order of the Judge of Compensation Claims (JCC), the Employer/Carrier (E/C) raises four issues and the Claimant raises one issue on

cross-appeal. We affirm, without comment, three of the issues raised by the E/C. We reverse and remand the fourth issue for further proceedings. Because of this disposition, we find it unnecessary to reach the issue on cross-appeal. Following Claimant's filing of a grievance and subsequent petition for benefits, the E/C offered Claimant, on two occasions, different lists of three psychiatrists from which to make a selection. In the order on appeal, the JCC found the E/C failed to "timely schedule an appointment for a psychiatrist to examine and provide medical care and treatment to the Claimant as requested," citing to Butler v. Bay Center, 947 So. 2d 570 (Fla. 1st DCA 2006). The JCC interpreted Butler as providing that "once the employer/carrier `authorized an appointment' with a physician within the requested specialty, the claimant had the obligation to accept care and treatment from the authorized physician." The JCC then interpreted the phrase "authorized an appointment" to mean that an appointment with a specific physician was "actually scheduled." The JCC erred in this interpretation. Butler does not stand for the proposition that an appointment must be scheduled within the specified time. appointment be timely authorized. At times, chapter 440 has required an E/C to offer a claimant a list of at least three physicians from which to select when a one-time change was requested. See, e.g.,

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