Brander v. Marriot Vacation Club and Zurich American Ins. Co., JCC# 17-030008, West Palm Beach District, JCC Johnsen

Travel time of one hour and fifteen minutes exceeds the permissible time allowed under AHCA Rule 59A-23.003(6) of sixty minutes.

After the claimant filed a petition for benefits, there was a dispute over the employers’ selection of a pain management physician. According to the employer, they have the right to select the doctor. Although the claimant agreed, she did not agree to the doctor chosen because the doctor required her to sign a medication contract, required her group health insurance information, and was more than 60 minutes from her place of employment. The judge of compensation claims pointed out that the employer’s right to select a physician has been and continues to be subject to a standard of reasonableness. The employer is allowed to select the physician, but the selection of Dr. Wachman in this matter violated AHCA rules because the commute was more than 60 minutes from the claimant’s job. The judge also stated that Dr. Wachman should not require her to give her health information. 


Case Law Alerts, 3rd Quarter, July 2019

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2019 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.