Advertising Disclosure Email Disclosure

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

July 1, 2019
Brander v. Marriot Vacation Club and Zurich American Ins. Co., JCC# 17-030008, West Palm Beach District, JCC Johnsen

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.

Affiliated Attorney

Linda Wagner Farrell
(904) 358-4224

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."