Lynn v. American Airlines Group OJCC Case No. 21-018336JIJ (FL.Off.Judge.Comp.Cl. February 11, 2022)
KK TAKEAWAY: A Carrier’s failure to schedule an appointment with an alternate physician pursuant to §440.13(2)(f) fifty-six (56) days after the request is made is an unreasonable delay justifying the forfeiture of selection of the alternate physician if the Carrier did not make any attempt to schedule an appointment with more than one physician.
as a flight attendant, but continued to suffer intermittent pain and limited motion of her right wrist and right shoulder. Not satisfied with her care, the Claimant sent the Carrier a letter via facsimile transmission requesting authorization of an alternate orthopedic surgeon on July 1, 2021. At his deposition, the claims adjuster responsible for this claim testified that the Carrier received the letter on July 1, 2021, and on July 2, 2021, sent counsel for claimant a letter via facsimile that stated “[p]lease be advised your client’s onetime change request is being scheduled with Dr. Thomas Parent at Millennium Physician Group;
BACKGROUND:
appointment letter forthcoming.” That same
On February 11, 2022, JCC Jacobs issued a Final Compensation Order on the question of whether the claimant was entitled to her selection of a one-time change pursuant to Florida Stature §440.13(2)(f).
day, the adjuster sent an email to Dr. Parent’s office with the Claimant’s medical records and requested his office call or send an email to schedule an appointment for her. However, Dr. Parent’s office did not contact or schedule
By way of background, the Claimant sustained a compensable industrial accident on August 18, 2019 when she slipped on wet pavement and fell while walking to a shuttle bus to transport her from a hotel in Philadelphia to the airport, resulting in injuries to her right wrist and right shoulder. Upon her return she began receiving authorized medical care with Concentra and Med Express where she resided in Fort Myers. The Carrier then authorized an orthopedic surgeon, Dr. Thompson, to treat her right shoulder, and another orthopedic surgeon, Dr. Richards, to treat her right wrist injury. She soon came under the care of Dr. Richards for both of her compensable injuries, and Dr. Richards discharged the Claimant from his care in February 2021 without any physical restrictions or limitations. The Claimant returned to work for the Insured IN THE
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