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Regardless of whether a second opinion is reasonable or medically necessary, if a referral is made, it must be acknowledged within the applicable three or ten-day period or the defense of medical necessity is waived.

The claimant sought authorization of a second opinion, as recommended by the treating physician. The claimant conceded that the doctor ultimately testified that the second opinion was not medically necessary. What’s Hot in Workers’ Comp, Vol. 27, No.

Florida’s 4th DCA Decides Insurer’s Presuit Notice Requirement Is Procedural in Nature and Applies Retroactively

In a decision that continues to fuel the dispute between the plaintiff and defense bar, Florida’s Fourth District Court found that the presuit notice provision of section 627.70152 is procedural in nature and, as such, applies retroactively to pol Legal Update for Insurance Services, May 8, 2023, has been prepared for our readers by Marshall Dennehey.