Massaro v. Columbian Apartments

457 So. 2d 1131, 9 Fla. L. Weekly 2201, 1984 Fla. App. LEXIS 15481

Opinion

PER CURIAM.

We affirm the order appealed from below except that portion denying claimant payment for medical services provided by Dr. Aaron Schneider. When the employer/carrier (E/C) deauthorized the claimant’s first treating physician without authorizing alternative medical care, even when claimant requested such care, claimant was justified in seeking medical treatment from a physician of his own choosing. Gust K. Newberg Construction Co. v. Warren, 449 So.2d 934 (Fla. 1st DCA 1984); Sears, Roebuck and Co. v. Viera, 440 So.2d 49 (Fla. 1st DCA 1983). We find the E/C’s contention that it is entitled to ignore the request for alternative medical care of a claimant who is represented by counsel to be without merit. Accordingly, we modify the deputy commissioner’s order to require the E/C to pay the costs associated with Dr. Schneider’s orthopedic examination and evaluation of claimant. Otherwise, the order appealed from is AFFIRMED.

BOOTH, SMITH and THOMPSON, JJ., concur.