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Florida Statute 440.13 | Lawyer Caselaw & Research
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The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR
Chapter 440
WORKERS' COMPENSATION
View Entire Chapter
F.S. 440.13
440.13 Medical services and supplies; penalty for violations; limitations.
(1) DEFINITIONS.As used in this section, the term:
(a) “Alternate medical care” means a change in treatment or health care provider.
(b) “Attendant care” means care rendered by trained professional attendants which is beyond the scope of household duties. Family members may provide nonprofessional attendant care, but may not be compensated under this chapter for care that falls within the scope of household duties and other services normally and gratuitously provided by family members. “Family member” means a spouse, father, mother, brother, sister, child, grandchild, father-in-law, mother-in-law, aunt, or uncle.
(c) “Carrier” means, for purposes of this section, insurance carrier, self-insurance fund or individually self-insured employer, or assessable mutual insurer.
(d) “Compensable” means a determination by a carrier or judge of compensation claims that a condition suffered by an employee results from an injury arising out of and in the course of employment.
(e) “Emergency services and care” means emergency services and care as defined in s. 395.002.
(f) “Health care facility” means any hospital licensed under chapter 395 and any health care institution licensed under chapter 400 or chapter 429.
(g) “Health care provider” means a physician or any recognized practitioner licensed to provide skilled services pursuant to a prescription or under the supervision or direction of a physician. The term “health care provider” includes a health care facility.
(h) “Independent medical examiner” means a physician selected by either an employee or a carrier to render one or more independent medical examinations in connection with a dispute arising under this chapter.
(i) “Independent medical examination” means an objective evaluation of the injured employee’s medical condition, including, but not limited to, impairment or work status, performed by a physician or an expert medical advisor at the request of a party, a judge of compensation claims, or the department to assist in the resolution of a dispute arising under this chapter.
(j) “Instance of overutilization” means a specific inappropriate service or level of service provided to an injured employee that includes the provision of treatment in excess of established practice parameters and protocols of treatment established in accordance with this chapter.
(k) “Medically necessary” or “medical necessity” means any medical service or medical supply which is used to identify or treat an illness or injury, is appropriate to the patient’s diagnosis and status of recovery, and is consistent with the location of service, the level of care provided, and applicable practice parameters. The service should be widely accepted among practicing health care providers, based on scientific criteria, and determined to be reasonably safe. The service must not be of an experimental, investigative, or research nature.
(l) “Medicine” means a drug prescribed by an authorized health care provider and includes only generic drugs or single-source patented drugs for which there is no generic equivalent, unless the authorized health care provider writes or states that the brand-name drug as defined in s. 465.025 is medically necessary, or is a drug appearing on the schedule of drugs created pursuant to s. 465.025(6), or is available at a cost lower than its generic equivalent.
(m) “Palliative care” means noncurative medical services that mitigate the conditions, effects, or pain of an injury.
(n) “Pattern or practice of overutilization” means repetition of instances of overutilization within a specific medical case or multiple cases by a single health care provider.
(o) “Peer review” means an evaluation by two or more physicians licensed under the same authority and with the same or similar specialty as the physician under review, of the appropriateness, quality, and cost of health care and health services provided to a patient, based on medically accepted standards.
(p) “Physician” or “doctor” means a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a chiropractic physician licensed under chapter 460, a podiatric physician licensed under chapter 461, an optometrist licensed under chapter 463, or a dentist licensed under chapter 466.
(q) “Reimbursement dispute” means any disagreement between a health care provider or health care facility and carrier concerning payment for medical treatment.
(r) “Utilization control” means a systematic process of implementing measures that assure overall management and cost containment of services delivered, including compliance with practice parameters and protocols of treatment as provided for in this chapter.
(s) “Utilization review” means the evaluation of the appropriateness of both the level and the quality of health care and health services provided to a patient, including, but not limited to, evaluation of the appropriateness of treatment, hospitalization, or office visits based on medically accepted standards. Such evaluation must be accomplished by means of a system that identifies the utilization of medical services based on practice parameters and protocols of treatment as provided for in this chapter.
(2) MEDICAL TREATMENT; DUTY OF EMPLOYER TO FURNISH.
(a) Subject to the limitations specified elsewhere in this chapter, the employer shall furnish to the employee such medically necessary remedial treatment, care, and attendance for such period as the nature of the injury or the process of recovery may require, which is in accordance with established practice parameters and protocols of treatment as provided for in this chapter, including medicines, medical supplies, durable medical equipment, orthoses, prostheses, and other medically necessary apparatus. Remedial treatment, care, and attendance, including work-hardening programs or pain-management programs accredited by an accrediting organization whose standards incorporate comparable regulations required by this state or pain-management programs affiliated with medical schools, shall be considered covered treatment only when such care is given based on a referral by a physician as defined in this chapter. Medically necessary treatment, care, and attendance does not include chiropractic services in excess of 24 treatments or rendered 12 weeks beyond the date of the initial chiropractic treatment, whichever comes first, unless the carrier authorizes additional treatment or the employee is catastrophically injured.
(b)1. The employer shall provide appropriate professional or nonprofessional attendant care performed only at the direction and control of a physician when such care is medically necessary. The physician shall prescribe such care in writing. The employer or carrier shall not be responsible for such care until the prescription for attendant care is received by the employer and carrier, which shall specify the time periods for such care, the level of care required, and the type of assistance required. A prescription for attendant care shall not prescribe such care retroactively. The value of nonprofessional attendant care provided by a family member must be determined as follows:
a. If the family member is not employed or if the family member is employed and is providing attendant care services during hours that he or she is not engaged in employment, the per-hour value equals the federal minimum hourly wage.
b. If the family member is employed and elects to leave that employment to provide attendant or custodial care, the per-hour value of that care equals the per-hour value of the family member’s former employment, not to exceed the per-hour value of such care available in the community at large. A family member or a combination of family members providing nonprofessional attendant care under this paragraph may not be compensated for more than a total of 12 hours per day.
c. If the family member remains employed while providing attendant or custodial care, the per-hour value of that care equals the per-hour value of the family member’s employment, not to exceed the per-hour value of such care available in the community at large.
2. The employer or carrier may use a nurse registry licensed pursuant to s. 400.506 for the placement of authorized compensable attendant care services.
(c) If the employer fails to provide initial treatment or care required by this section after request by the injured employee, the employee may obtain such initial treatment at the expense of the employer, if the initial treatment or care is compensable and medically necessary and is in accordance with established practice parameters and protocols of treatment as provided for in this chapter. There must be a specific request for the initial treatment or care, and the employer or carrier must be given a reasonable time period within which to provide the initial treatment or care. However, the employee is not entitled to recover any amount personally expended for the initial treatment or care unless he or she has requested the employer to furnish that initial treatment or service and the employer has failed, refused, or neglected to do so within a reasonable time or unless the nature of the injury requires such initial treatment, nursing, and services and the employer or his or her superintendent or foreman, having knowledge of the injury, has neglected to provide the initial treatment or care.
(d) The carrier has the right to transfer the care of an injured employee from the attending health care provider if an independent medical examination determines that the employee is not making appropriate progress in recuperation.
(e) Except in emergency situations and for treatment rendered by a managed care arrangement, after any initial examination and diagnosis by a physician providing remedial treatment, care, and attendance, and before a proposed course of medical treatment begins, each insurer shall review, in accordance with the requirements of this chapter, the proposed course of treatment, to determine whether such treatment would be recognized as reasonably prudent. The review must be in accordance with all applicable workers’ compensation practice parameters and protocols of treatment established in accordance with this chapter. The insurer must accept any such proposed course of treatment unless the insurer notifies the physician of its specific objections to the proposed course of treatment by the close of the tenth business day after notification by the physician, or a supervised designee of the physician, of the proposed course of treatment.
(f) Upon the written request of the employee, the carrier shall give the employee the opportunity for one change of physician during the course of treatment for any one accident. Upon the granting of a change of physician, the originally authorized physician in the same specialty as the changed physician shall become deauthorized upon written notification by the employer or carrier. The carrier shall authorize an alternative physician who shall not be professionally affiliated with the previous physician within 5 days after receipt of the request. If the carrier fails to provide a change of physician as requested by the employee, the employee may select the physician and such physician shall be considered authorized if the treatment being provided is compensable and medically necessary.

Failure of the carrier to timely comply with this subsection shall be a violation of this chapter and the carrier shall be subject to penalties as provided for in s. 440.525.

(3) PROVIDER ELIGIBILITY; AUTHORIZATION.
(a) As a condition to eligibility for payment under this chapter, a health care provider who renders services must receive authorization from the carrier before providing treatment. This paragraph does not apply to emergency care.
(b) A health care provider who renders emergency care must notify the carrier by the close of the third business day after it has rendered such care. If the emergency care results in admission of the employee to a health care facility, the health care provider must notify the carrier by telephone within 24 hours after initial treatment. Emergency care is not compensable under this chapter unless the injury requiring emergency care arose as a result of a work-related accident. Pursuant to chapter 395, all licensed physicians and health care providers in this state shall be required to make their services available for emergency treatment of any employee eligible for workers’ compensation benefits. To refuse to make such treatment available is cause for revocation of a license.
(c) A health care provider may not refer the employee to another health care provider, diagnostic facility, therapy center, or other facility without prior authorization from the carrier, except when emergency care is rendered. Any referral must be to a health care provider, unless the referral is for emergency treatment, and must be made in accordance with practice parameters and protocols of treatment as provided for in this chapter.
(d) A carrier must respond, by telephone or in writing, to a request for authorization from an authorized health care provider by the close of the third business day after receipt of the request. A carrier who fails to respond to a written request for authorization for referral for medical treatment by the close of the third business day after receipt of the request consents to the medical necessity for such treatment. All such requests must be made to the carrier. Notice to the carrier does not include notice to the employer.
(e) Carriers shall adopt procedures for receiving, reviewing, documenting, and responding to requests for authorization.
(f) By accepting payment under this chapter for treatment rendered to an injured employee, a health care provider consents to the jurisdiction of the department as set forth in subsection (11) and to the submission of all records and other information concerning such treatment to the department in connection with a reimbursement dispute, audit, or review as provided by this section. The health care provider must further agree to comply with any decision of the department rendered under this section.
(g) The employee is not liable for payment for medical treatment or services provided pursuant to this section except as otherwise provided in this section.
(h) The provisions of s. 456.053 are applicable to referrals among health care providers, as defined in subsection (1), treating injured workers.
(i) Notwithstanding paragraph (d), a claim for specialist consultations, surgical operations, physiotherapeutic or occupational therapy procedures, X-ray examinations, or special diagnostic laboratory tests that cost more than $1,000 and other specialty services that the department identifies by rule is not valid and reimbursable unless the services have been expressly authorized by the carrier, unless the carrier has failed to respond within 10 days to a written request for authorization, or unless emergency care is required. The insurer shall authorize such consultation or procedure unless the health care provider or facility is not authorized, unless such treatment is not in accordance with practice parameters and protocols of treatment established in this chapter, or unless a judge of compensation claims has determined that the consultation or procedure is not medically necessary, not in accordance with the practice parameters and protocols of treatment established in this chapter, or otherwise not compensable under this chapter. Authorization of a treatment plan does not constitute express authorization for purposes of this section, except to the extent the carrier provides otherwise in its authorization procedures. This paragraph does not limit the carrier’s obligation to identify and disallow overutilization or billing errors.
(j) Notwithstanding anything in this chapter to the contrary, a sick or injured employee shall be entitled, at all times, to free, full, and absolute choice in the selection of the pharmacy or pharmacist dispensing and filling prescriptions for medicines required under this chapter. It is expressly forbidden for the department, an employer, or a carrier, or any agent or representative of the department, an employer, or a carrier, to select the pharmacy or pharmacist which the sick or injured employee must use; condition coverage or payment on the basis of the pharmacy or pharmacist utilized; or to otherwise interfere in the selection by the sick or injured employee of a pharmacy or pharmacist.
(k) Reimbursement shall not be made for oral vitamins, nutrient preparations, or dietary supplements. Reimbursement shall not be made for medical food, as defined in 21 U.S.C. s. 360ee(b)(3), unless the self-insured employer or the carrier in its sole discretion authorizes the provision of such food. Such authorization may be limited by frequency, type, dosage, and reimbursement amount of such food as part of a proposed written course of medical treatment.
(4) NOTICE OF TREATMENT TO CARRIER; FILING WITH DEPARTMENT.
(a) Any health care provider providing necessary remedial treatment, care, or attendance to any injured worker shall submit treatment reports to the carrier in a format prescribed by the department. A claim for medical or surgical treatment is not valid or enforceable against such employer or employee, unless, by the close of the third business day following the first treatment, the physician providing the treatment furnishes to the employer or carrier a preliminary notice of the injury and treatment in a format prescribed by the department and, within 15 days thereafter, furnishes to the employer or carrier a complete report, and subsequent thereto furnishes progress reports, if requested by the employer or insurance carrier, at intervals of not less than 3 weeks apart or at less frequent intervals if requested in a format prescribed by the department.
(b) Upon the request of the department, each medical report or bill obtained or received by the employer, the carrier, or the injured employee, or the attorney for the employer, carrier, or injured employee, with respect to the remedial treatment, care, and attendance of the injured employee, including any report of an examination, diagnosis, or disability evaluation, must be produced by the health care provider to the department pursuant to rules adopted by the department. The health care provider shall also furnish to the injured employee or his or her attorney and the employer or carrier or its attorney, on demand, a copy of his or her office chart, records, and reports, and may charge the injured employee no more than 50 cents per page for copying the records and the actual direct cost to the health care provider or health care facility for X rays, microfilm, or other nonpaper records. Each such health care provider shall provide to the department information about the remedial treatment, care, and attendance which the department reasonably requests.
(c) It is the policy for the administration of the workers’ compensation system that there shall be reasonable access to medical information by all parties to facilitate the self-executing features of the law. An employee who reports an injury or illness alleged to be work-related waives any physician-patient privilege with respect to any condition or complaint reasonably related to the condition for which the employee claims compensation. Notwithstanding the limitations in s. 456.057 and subject to the limitations in s. 381.004, upon the request of the employer, the carrier, an authorized qualified rehabilitation provider, or the attorney for the employer or carrier, the medical records, reports, and information of an injured employee relevant to the particular injury or illness for which compensation is sought must be furnished to those persons and the medical condition of the injured employee must be discussed with those persons, if the records and the discussions are restricted to conditions relating to the workplace injury. Release of medical information by the health care provider or other physician does not require the authorization of the injured employee. If medical records, reports, and information of an injured employee are sought from health care providers who are not subject to the jurisdiction of the state, the injured employee shall sign an authorization allowing for the employer or carrier to obtain the medical records, reports, or information. Any such discussions or release of information may be held before or after the filing of a claim or petition for benefits without the knowledge, consent, or presence of any other party or his or her agent or representative. A health care provider who willfully refuses to provide medical records or to discuss the medical condition of the injured employee, after a reasonable request is made for such information pursuant to this subsection, shall be subject by the department to one or more of the penalties set forth in paragraph (8)(b). The department may adopt rules to carry out this subsection.
(5) INDEPENDENT MEDICAL EXAMINATIONS.
(a) In any dispute concerning overutilization, medical benefits, compensability, or disability under this chapter, the carrier or the employee may select an independent medical examiner. If the parties agree, the examiner may be a health care provider treating or providing other care to the employee. An independent medical examiner may not render an opinion outside his or her area of expertise, as demonstrated by licensure and applicable practice parameters. The employer and employee shall be entitled to only one independent medical examination per accident and not one independent medical examination per medical specialty. The party requesting and selecting the independent medical examination shall be responsible for all expenses associated with said examination, including, but not limited to, medically necessary diagnostic testing performed and physician or medical care provider fees for the evaluation. The party selecting the independent medical examination shall identify the choice of the independent medical examiner to all other parties within 15 days after the date the independent medical examination is to take place. Failure to timely provide such notification shall preclude the requesting party from submitting the findings of such independent medical examiner in a proceeding before a judge of compensation claims. The independent medical examiner may not provide followup care if such recommendation for care is found to be medically necessary. If the employee prevails in a medical dispute as determined in an order by a judge of compensation claims or if benefits are paid or treatment provided after the employee has obtained an independent medical examination based upon the examiner’s findings, the costs of such examination shall be paid by the employer or carrier.
(b) Each party is bound by his or her selection of an independent medical examiner, including the selection of the independent medical examiner in accordance with s. 440.134 and the opinions of such independent medical examiner. Each party is entitled to an alternate examiner only if:
1. The examiner is not qualified to render an opinion upon an aspect of the employee’s illness or injury which is material to the claim or petition for benefits;
2. The examiner ceases to practice in the specialty relevant to the employee’s condition;
3. The examiner is unavailable due to injury, death, or relocation outside a reasonably accessible geographic area; or
4. The parties agree to an alternate examiner.
(c) The carrier may, at its election, contact the claimant directly to schedule a reasonable time for an independent medical examination. The carrier must confirm the scheduling agreement in writing with the claimant and the claimant’s counsel, if any, at least 7 days before the date upon which the independent medical examination is scheduled to occur. An attorney representing a claimant is not authorized to schedule the self-insured employer’s or carrier’s independent medical evaluations under this subsection. Neither the self-insured employer nor the carrier shall be responsible for scheduling any independent medical examination other than an employer or carrier independent medical examination.
(d) If the employee fails to appear for the independent medical examination scheduled by the employer or carrier without good cause and fails to advise the physician at least 24 hours before the scheduled date for the examination that he or she cannot appear, the employee is barred from recovering compensation for any period during which he or she has refused to submit to such examination. Further, the employee shall reimburse the employer or carrier 50 percent of the physician’s cancellation or no-show fee unless the employer or carrier that schedules the examination fails to timely provide to the employee a written confirmation of the date of the examination pursuant to paragraph (c) which includes an explanation of why he or she failed to appear. The employee may appeal to a judge of compensation claims for reimbursement when the employer or carrier withholds payment in excess of the authority granted by this section.
(e) No medical opinion other than the opinion of a medical advisor appointed by the judge of compensation claims or the department, an independent medical examiner, or an authorized treating provider is admissible in proceedings before the judges of compensation claims.
(f) Attorney’s fees incurred by an injured employee in connection with delay of or opposition to an independent medical examination, including, but not limited to, motions for protective orders, are not recoverable under this chapter.
(g) When a medical dispute arises, the parties may mutually agree to refer the employee to a licensed physician specializing in the diagnosis and treatment of the medical condition at issue for an independent medical examination and report. Such medical examination shall be referred to as a “consensus independent medical examination.” The findings and conclusions of such mutually agreed upon consensus independent medical examination shall be binding on the parties and shall constitute resolution of the medical dispute addressed in the independent consensus medical examination and in any proceeding. Agreement by the parties to a consensus independent medical examination shall not affect the employer’s, carrier’s, or employee’s entitlement to one independent medical examination per accident as provided for in this subsection.
(6) UTILIZATION REVIEW.Carriers shall review all bills, invoices, and other claims for payment submitted by health care providers in order to identify overutilization and billing errors, including compliance with practice parameters and protocols of treatment established in accordance with this chapter, and may hire peer review consultants or conduct independent medical evaluations. Such consultants, including peer review organizations, are immune from liability in the execution of their functions under this subsection to the extent provided in s. 766.101. If a carrier finds that overutilization of medical services or a billing error has occurred, or there is a violation of the practice parameters and protocols of treatment established in accordance with this chapter, it must disallow or adjust payment for such services or error without order of a judge of compensation claims or the department, if the carrier, in making its determination, has complied with this section and rules adopted by the department.
(7) UTILIZATION AND REIMBURSEMENT DISPUTES.
(a) Any health care provider who elects to contest the disallowance or adjustment of payment by a carrier under subsection (6) must, within 45 days after receipt of notice of disallowance or adjustment of payment, petition the department to resolve the dispute. The petitioner must serve a copy of the petition on the carrier and on all affected parties by certified mail. The petition must be accompanied by all documents and records that support the allegations contained in the petition. Failure of a petitioner to submit such documentation to the department results in dismissal of the petition.
(b) The carrier must submit to the department within 30 days after receipt of the petition all documentation substantiating the carrier’s disallowance or adjustment. Failure of the carrier to timely submit such documentation to the department within 30 days constitutes a waiver of all objections to the petition.
(c) Within 120 days after receipt of all documentation, the department must provide to the petitioner, the carrier, and the affected parties a written determination of whether the carrier properly adjusted or disallowed payment. The department must be guided by standards and policies set forth in this chapter, including all applicable reimbursement schedules, practice parameters, and protocols of treatment, in rendering its determination.
(d) If the department finds an improper disallowance or improper adjustment of payment by an insurer, the insurer shall reimburse the health care provider, facility, insurer, or employer within 30 days, subject to the penalties provided in this subsection.
(e) The department shall adopt rules to carry out this subsection. The rules may include provisions for consolidating petitions filed by a petitioner and expanding the timetable for rendering a determination upon a consolidated petition.
(f) Any carrier that engages in a pattern or practice of arbitrarily or unreasonably disallowing or reducing payments to health care providers may be subject to one or more of the following penalties imposed by the department:
1. Repayment of the appropriate amount to the health care provider.
2. An administrative fine assessed by the department in an amount not to exceed $5,000 per instance of improperly disallowing or reducing payments.
3. Award of the health care provider’s costs, including a reasonable attorney fee, for prosecuting the petition.
(8) PATTERN OR PRACTICE OF OVERUTILIZATION.
(a) Carriers must report to the department all instances of overutilization including, but not limited to, all instances in which the carrier disallows or adjusts payment or a determination has been made that the provided or recommended treatment is in excess of the practice parameters and protocols of treatment established in this chapter. The department shall determine whether a pattern or practice of overutilization exists.
(b) If the department determines that a health care provider has engaged in a pattern or practice of overutilization or a violation of this chapter or rules adopted by the department, including a pattern or practice of providing treatment in excess of the practice parameters or protocols of treatment, it may impose one or more of the following penalties:
1. An order barring the provider from payment under this chapter;
2. Deauthorization of care under review;
3. Denial of payment for care rendered in the future;
4. An administrative fine of $5,000; and
5. Notification of and review by the appropriate licensing authority pursuant to s. 440.106(3).
(9) EXPERT MEDICAL ADVISORS.
(a) The department shall certify expert medical advisors in each specialty to assist the department within the advisor’s area of expertise as provided in this section. The department shall, in a manner prescribed by rule, in certifying, recertifying, or decertifying an expert medical advisor, consider the qualifications, training, impartiality, and commitment of the health care provider to the provision of quality medical care at a reasonable cost. As a prerequisite for certification or recertification, the department shall require, at a minimum, that an expert medical advisor have specialized workers’ compensation training or experience under the workers’ compensation system of this state and board certification or board eligibility.
(b) The department shall contract with one or more entities that employ, contract with, or otherwise secure expert medical advisors to provide peer review or expert medical consultation, opinions, and testimony to the department or to a judge of compensation claims in connection with resolving disputes relating to reimbursement, differing opinions of health care providers, and health care and physician services rendered under this chapter, including utilization issues. The department shall by rule establish the qualifications of expert medical advisors, including training and experience in the workers’ compensation system in the state and the expert medical advisor’s knowledge of and commitment to the standards of care, practice parameters, and protocols established pursuant to this chapter. Expert medical advisors contracting with the department shall, as a term of such contract, agree to provide consultation or services in accordance with the timetables set forth in this chapter and to abide by rules adopted by the department, including, but not limited to, rules pertaining to procedures for review of the services rendered by health care providers and preparation of reports and testimony or recommendations for submission to the department or the judge of compensation claims.
(c) If there is disagreement in the opinions of the health care providers, if two health care providers disagree on medical evidence supporting the employee’s complaints or the need for additional medical treatment, or if two health care providers disagree that the employee is able to return to work, the department may, and the judge of compensation claims may, upon his or her own motion or within 15 days after receipt of a written request by either the injured employee, the employer, or the carrier, order the injured employee to be evaluated by an expert medical advisor. The injured employee and the employer or carrier may agree on the health care provider to serve as an expert medical advisor. If the parties do not agree, the judge of compensation claims shall select an expert medical advisor from the department’s list of certified expert medical advisors. If a certified medical advisor within the relevant medical specialty is unavailable, the judge of compensation claims shall appoint any otherwise qualified health care provider to serve as an expert medical advisor without obtaining the department’s certification. The opinion of the expert medical advisor is presumed to be correct unless there is clear and convincing evidence to the contrary as determined by the judge of compensation claims. The expert medical advisor appointed to conduct the evaluation shall have free and complete access to the medical records of the employee. An employee who fails to report to and cooperate with such evaluation forfeits entitlement to compensation during the period of failure to report or cooperate.
(d) The expert medical advisor must complete his or her evaluation and issue his or her report to the department or to the judge of compensation claims within 15 days after receipt of all medical records. The expert medical advisor must furnish a copy of the report to the carrier and to the employee.
(e) An expert medical advisor is not liable under any theory of recovery for evaluations performed under this section without a showing of fraud or malice. The protections of s. 766.101 apply to any officer, employee, or agent of the department and to any officer, employee, or agent of any entity with which the department has contracted under this subsection.
(f) If the department or a judge of compensation claims orders the services of an expert medical advisor to resolve a dispute under this section, the party requesting such examination must compensate the advisor for his or her time in accordance with a schedule adopted by the department. If the employee prevails in a dispute as determined in an order by a judge of compensation claims based upon the expert medical advisor’s findings, the employer or carrier shall pay for the costs of such expert medical advisor. If a judge of compensation claims, upon his or her motion, finds that an expert medical advisor is needed to resolve the dispute, the carrier must compensate the advisor for his or her time in accordance with a schedule adopted by the department. The department may assess a penalty not to exceed $500 against any carrier that fails to timely compensate an advisor in accordance with this section.
(10) WITNESS FEES.Any health care provider who gives a deposition shall be allowed a witness fee. The amount charged by the witness may not exceed $200 per hour. An expert witness who has never provided direct professional services to a party but has merely reviewed medical records and provided an expert opinion or has provided only direct professional services that were unrelated to the workers’ compensation case may not be allowed a witness fee in excess of $200 per day.
(11) INVESTIGATION; MONITORING; JURISDICTION.
(a) The department may investigate health care providers to determine whether providers are complying with this chapter and with rules adopted by the department, whether the providers are engaging in overutilization, whether providers are engaging in improper billing practices, and whether providers are adhering to practice parameters and protocols established in accordance with this chapter. If the department finds that a health care provider has improperly billed, overutilized, or failed to comply with department rules or the requirements of this chapter, including, but not limited to, practice parameters and protocols established in accordance with this chapter, it must notify the provider of its findings and may determine that the health care provider may not receive payment from the carrier or may impose penalties as set forth in subsection (8) or other sections of this chapter. If the health care provider has received payment from a carrier for services that were improperly billed, that constitute overutilization, or that were outside practice parameters or protocols established in accordance with this chapter, it must return those payments to the carrier. The department may assess a penalty not to exceed $500 for each overpayment that is not refunded within 30 days after notification of overpayment by the department or carrier.
(b) The department shall monitor carriers as provided in this chapter.
(c) The department has exclusive jurisdiction to decide any matters concerning reimbursement, to resolve any overutilization dispute under subsection (7), and to decide any question concerning overutilization under subsection (8), which question or dispute arises after January 1, 1994.
(d) The following department actions do not constitute agency action subject to review under ss. 120.569 and 120.57 and do not constitute actions subject to s. 120.56: referral by the entity responsible for utilization review; a decision by the department to refer a matter to a peer review committee; establishment by a health care provider or entity of procedures by which a peer review committee reviews the rendering of health care services; and the review proceedings, report, and recommendation of the peer review committee.
(12) CREATION OF THREE-MEMBER PANEL; GUIDES OF MAXIMUM REIMBURSEMENT ALLOWANCES.
(a) A three-member panel is created, consisting of the Chief Financial Officer, or the Chief Financial Officer’s designee, and two members to be appointed by the Governor, subject to confirmation by the Senate, one member who, on account of present or previous vocation, employment, or affiliation, shall be classified as a representative of employers, the other member who, on account of previous vocation, employment, or affiliation, shall be classified as a representative of employees. The panel shall determine statewide schedules of maximum reimbursement allowances for medically necessary treatment, care, and attendance provided by hospitals and ambulatory surgical centers. The maximum reimbursement allowances for inpatient hospital care shall be based on a schedule of per diem rates, to be approved by the three-member panel no later than March 1, 1994, to be used in conjunction with a precertification manual as determined by the department, including maximum hours in which an outpatient may remain in observation status, which shall not exceed 23 hours. All compensable charges for hospital outpatient care shall be reimbursed at 75 percent of usual and customary charges, except as otherwise provided by this subsection. Annually, the three-member panel shall adopt schedules of maximum reimbursement allowances for hospital inpatient care, hospital outpatient care, and ambulatory surgical centers. A hospital or an ambulatory surgical center shall be reimbursed either the agreed-upon contract price or the maximum reimbursement allowance in the appropriate schedule.
(b) Payments for outpatient physical, occupational, and speech therapy provided by hospitals shall be the schedule of maximum reimbursement allowances for these services which applies to nonhospital providers.
(c) Payments for scheduled outpatient nonemergency radiological and clinical laboratory services that are not provided in conjunction with a surgical procedure shall be the schedule of maximum reimbursement allowances for these services which applies to nonhospital providers.
(d) Outpatient reimbursement for scheduled surgeries shall be 60 percent of charges.
(e)1. By July 1 of each year, the department shall notify carriers and self-insurers of the physician and nonhospital services schedule of maximum reimbursement allowances. The notice must include publication of this schedule of maximum reimbursement allowances on the division’s website. This schedule is not subject to approval by the three-member panel and does not include reimbursement for prescription medication.
2. Subparagraph 1. shall take effect January 1, following the July 1, 2024, notice of the physician and nonhospital services schedule of maximum reimbursement allowances that the department provides to carriers and self-insurers.
(f) Maximum reimbursement for a physician licensed under chapter 458 or chapter 459 shall be 110 percent of the reimbursement allowed by Medicare, using appropriate codes and modifiers or the medical reimbursement level adopted by the three-member panel as of January 1, 2003, whichever is greater.
(g) Maximum reimbursement for surgical procedures shall be 140 percent of the reimbursement allowed by Medicare or the medical reimbursement level adopted by the three-member panel as of January 1, 2003, whichever is greater.
(h) As to reimbursement for a prescription medication, the reimbursement amount for a prescription shall be the average wholesale price plus $4.18 for the dispensing fee. For repackaged or relabeled prescription medications dispensed by a dispensing practitioner as provided in s. 465.0276, the fee schedule for reimbursement shall be 112.5 percent of the average wholesale price, plus $8.00 for the dispensing fee. For purposes of this subsection, the average wholesale price shall be calculated by multiplying the number of units dispensed times the per-unit average wholesale price set by the original manufacturer of the underlying drug dispensed by the practitioner, based upon the published manufacturer’s average wholesale price published in the Medi-Span Master Drug Database as of the date of dispensing. All pharmaceutical claims submitted for repackaged or relabeled prescription medications must include the National Drug Code of the original manufacturer. Fees for pharmaceuticals and pharmaceutical services shall be reimbursable at the applicable fee schedule amount except where the employer or carrier, or a service company, third party administrator, or any entity acting on behalf of the employer or carrier directly contracts with the provider seeking reimbursement for a lower amount.
(i) Reimbursement for all fees and other charges for such treatment, care, and attendance, including treatment, care, and attendance provided by any hospital or other health care provider, ambulatory surgical center, work-hardening program, or pain program, must not exceed the amounts provided by the uniform schedule of maximum reimbursement allowances as determined by the panel or as otherwise provided in this section. This subsection also applies to independent medical examinations performed by health care providers under this chapter. In determining the uniform schedule, the panel shall first approve the data which it finds representative of prevailing charges in the state for similar treatment, care, and attendance of injured persons. Each health care provider, health care facility, ambulatory surgical center, work-hardening program, or pain program receiving workers’ compensation payments shall maintain records verifying their usual charges. In establishing the uniform schedule of maximum reimbursement allowances, the panel must consider:
1. The levels of reimbursement for similar treatment, care, and attendance made by other health care programs or third-party providers;
2. The impact upon cost to employers for providing a level of reimbursement for treatment, care, and attendance which will ensure the availability of treatment, care, and attendance required by injured workers; and
3. The financial impact of the reimbursement allowances upon health care providers and health care facilities, including trauma centers as defined in s. 395.4001, and its effect upon their ability to make available to injured workers such medically necessary remedial treatment, care, and attendance. The uniform schedule of maximum reimbursement allowances must be reasonable, must promote health care cost containment and efficiency with respect to the workers’ compensation health care delivery system, and must be sufficient to ensure availability of such medically necessary remedial treatment, care, and attendance to injured workers.
(j) In addition to establishing the uniform schedule of maximum reimbursement allowances, the panel shall:
1. Take testimony, receive records, and collect data to evaluate the adequacy of the workers’ compensation fee schedule, nationally recognized fee schedules and alternative methods of reimbursement to health care providers and health care facilities for inpatient and outpatient treatment and care.
2. Survey health care providers and health care facilities to determine the availability and accessibility of workers’ compensation health care delivery systems for injured workers.
3. Survey carriers to determine the estimated impact on carrier costs and workers’ compensation premium rates by implementing changes to the carrier reimbursement schedule or implementing alternative reimbursement methods.
4. Submit recommendations on or before January 15, 2017, and biennially thereafter, to the President of the Senate and the Speaker of the House of Representatives on methods to improve the workers’ compensation health care delivery system.

The department, as requested, shall provide data to the panel, including, but not limited to, utilization trends in the workers’ compensation health care delivery system. The department shall provide the panel with an annual report regarding the resolution of medical reimbursement disputes and any actions pursuant to subsection (8). The department shall provide administrative support and service to the panel to the extent requested by the panel. For prescription medication purchased under the requirements of this subsection, a dispensing practitioner shall not possess such medication unless payment has been made by the practitioner, the practitioner’s professional practice, or the practitioner’s practice management company or employer to the supplying manufacturer, wholesaler, distributor, or drug repackager within 60 days of the dispensing practitioner taking possession of that medication.

(13) PAYMENT OF MEDICAL FEES.
(a) Except for emergency care treatment, fees for medical services are payable only to a health care provider authorized to render remedial treatment, care, or attendance under this chapter. Carriers shall pay, disallow, or deny payment to health care providers in the manner and at times set forth in this chapter. A health care provider may not collect or receive a fee from an injured employee within this state, except as otherwise provided by this chapter. Such providers have recourse against the employer or carrier for payment for services rendered in accordance with this chapter. Payment to health care providers or physicians shall be subject to the medical fee schedule and applicable practice parameters and protocols, regardless of whether the health care provider or claimant is asserting that the payment should be made.
(b) Fees charged for remedial treatment, care, and attendance, except for independent medical examinations and consensus independent medical examinations, may not exceed the applicable fee schedules adopted under this chapter and department rule. Notwithstanding any other provision in this chapter, if a physician or health care provider specifically agrees in writing to follow identified procedures aimed at providing quality medical care to injured workers at reasonable costs, deviations from established fee schedules shall be permitted. Written agreements warranting deviations may include, but are not limited to, the timely scheduling of appointments for injured workers, participating in return-to-work programs with injured workers’ employers, expediting the reporting of treatments provided to injured workers, and agreeing to continuing education, utilization review, quality assurance, precertification, and case management systems that are designed to provide needed treatment for injured workers.
(c) Notwithstanding any other provision of this chapter, following overall maximum medical improvement from an injury compensable under this chapter, the employee is obligated to pay a copayment of $10 per visit for medical services. The copayment shall not apply to emergency care provided to the employee.
(14) STANDARDS OF CARE.The following standards of care shall be followed in providing medical care under this chapter:
(a) Abnormal anatomical findings alone, in the absence of objective relevant medical findings, shall not be an indicator of injury or illness, a justification for the provision of remedial medical care or the assignment of restrictions, or a foundation for limitations.
(b) At all times during evaluation and treatment, the provider shall act on the premise that returning to work is an integral part of the treatment plan. The goal of removing all restrictions and limitations as early as appropriate shall be part of the treatment plan on a continuous basis. The assignment of restrictions and limitations shall be reviewed with each patient exam and upon receipt of new information, such as progress reports from physical therapists and other providers. Consideration shall be given to upgrading or removing the restrictions and limitations with each patient exam, based upon the presence or absence of objective relevant medical findings.
(c) Reasonable necessary medical care of injured employees shall in all situations:
1. Utilize a high intensity, short duration treatment approach that focuses on early activation and restoration of function whenever possible.
2. Include reassessment of the treatment plans, regimes, therapies, prescriptions, and functional limitations or restrictions prescribed by the provider every 30 days.
3. Be focused on treatment of the individual employee’s specific clinical dysfunction or status and shall not be based upon nondescript diagnostic labels.

All treatment shall be inherently scientifically logical, and the evaluation or treatment procedure must match the documented physiologic and clinical problem. Treatment shall match the type, intensity, and duration of service required by the problem identified.

(15) Failure to comply with this section shall be considered a violation of this chapter and is subject to penalties as provided for in s. 440.525.
History.s. 13, ch. 17481, 1935; CGL 1936 Supp. 5966(13); s. 6, ch. 18413, 1937; CGL 1940 Supp. 8135(14-a); s. 2, ch. 20672, 1941; s. 2, ch. 21824, 1943; s. 1, ch. 22814, 1945; s. 1, ch. 25244, 1949; s. 1, ch. 28241, 1953; s. 2, ch. 57-225; ss. 1, 2, ch. 63-91; ss. 17, 35, ch. 69-106; s. 363, ch. 71-136; s. 5, ch. 75-209; s. 3, ch. 77-290; ss. 4, 23, ch. 78-300; s. 16, ch. 79-7; ss. 8, 124, ch. 79-40; ss. 7, 21, ch. 79-312; s. 4, ch. 80-236; s. 1, ch. 82-46; s. 1, ch. 83-45; s. 1, ch. 83-303; s. 4, ch. 83-305; s. 1, ch. 86-171; s. 1, ch. 87-111; s. 2, ch. 87-330; s. 2, ch. 88-203; s. 1, ch. 88-372; ss. 10, 43, ch. 89-289; ss. 18, 56, ch. 90-201; ss. 16, 52, ch. 91-1; s. 3, ch. 91-269; s. 101, ch. 92-33; s. 81, ch. 92-289; s. 17, ch. 93-415; s. 199, ch. 96-410; s. 1051, ch. 97-103; s. 45, ch. 97-264; s. 36, ch. 98-89; ss. 33, 188, 259, ch. 98-166; s. 22, ch. 2000-160; s. 9, ch. 2000-189; s. 12, ch. 2001-91; s. 25, ch. 2002-194; s. 9, ch. 2002-236; s. 477, ch. 2003-261; s. 15, ch. 2003-412; s. 91, ch. 2006-197; s. 2, ch. 2008-133; s. 10, ch. 2013-93; s. 1, ch. 2013-131; s. 6, ch. 2013-141; s. 1, ch. 2014-131; s. 2, ch. 2015-42; s. 4, ch. 2016-56; s. 1, ch. 2020-101; s. 5, ch. 2023-144.

F.S. 440.13 on Google Scholar

F.S. 440.13 on Casetext

Amendments to 440.13


Arrestable Offenses / Crimes under Fla. Stat. 440.13
Level: Degree
Misdemeanor/Felony: First/Second/Third

S440.13 - PUBLIC ORDER CRIMES - REMOVED - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

LAFLEUR, v. ARBOR HOLDING COMPANY LLC d b a, 272 So. 3d 885 (Fla. App. Ct. 2019)

. . . right to select the doctor who would serve as her one-time change of physician available under section 440.13 . . . Section 440.13(2)(f) contemplates that the originally authorized physician be "in the same specialty . . .

VARRICCHIO, v. ST. LUCIE COUNTY CLERK OF COURTS, 271 So. 3d 1206 (Fla. App. Ct. 2019)

. . . to address retroactive assignment of maximum medical improvement ("MMI") and the claim that section 440.13 . . . The Claimant contends that section 440.13(4)(c) -the statutory provision giving the E/C the right to . . . Myers, 229 So.3d 1118 (Fla. 2017), and the 2003 amendments to section 440.13(4)(c). . . . The Claimant argues that section 440.13(4)(c) was substantially amended in 2003 and these amendments . . . Accordingly, we find that section 440.13(4)(c), as amended, does not violate the constitutional right . . .

FALK, v. HARRIS CORPORATION, 267 So. 3d 578 (Fla. App. Ct. 2019)

. . . Although section 440.13(9)(c), Florida Statutes (2011), affords an EMA's opinion a presumption of correctness . . . Section 440.13(9)(c) mandates the appointment of an EMA when a disagreement exists between the opinions . . . correct unless there is clear and convincing evidence to the contrary as determined by the [JCC]." § 440.13 . . . A blanket deference is not an EMA opinion for purposes of section 440.13(9)(c). Because Dr. . . .

RANDSTAD NORTH AMERICA ESIS WORKER S COMPENSATION CLAIMS, v. BARR,, 267 So. 3d 564 (Fla. App. Ct. 2019)

. . . The JCC rejected the E/C's argument, finding that the EMA statute, section 440.13(9)(c), Florida Statutes . . . the JCC's interpretation of the EMA statute is incorrect because it fails to consider that section 440.13 . . .

D. RIGGENBACH, M. D. v. A. RHODES,, 267 So. 3d 551 (Fla. App. Ct. 2019)

. . . physician who practices in the 'same specialty' as the originally authorized doctor" pursuant to section 440.13 . . .

MEEHAN, v. ORANGE COUNTY DATA APPRAISALS, 272 So. 3d 458 (Fla. App. Ct. 2019)

. . . See § 440.13(2)(a), Fla. Stat. (2013). He did so through the testimony of Dr. Varraux. Dr. . . . Section 440.13(9)(c), Florida Statutes, dictates that the JCC "shall" appoint an EMA when there is a . . .

MARINE MAX, INC. v. BLAIR,, 268 So. 3d 839 (Fla. App. Ct. 2019)

. . . See § 440.13(13)(b), Fla. Stat. . . . See § 440.13(11)(c), Fla. Stat. . . . See § 440.13(3)(a), Fla. Stat. . . . See id. § 440.13(13)(b). . . . See § 440.13(6), (8), Fla. Stat. . . . While section 440.13, Florida Statutes, has been amended so that it no longer requires prior approval . . . medical examination determines that the employee is not making appropriate progress in recuperation." § 440.13 . . .

RENTE, v. ORANGE COUNTY BOCC, 263 So. 3d 294 (Fla. App. Ct. 2019)

. . . Section 440.13(5)(e), Florida Statutes (2015), provides the only medical opinion testimony admissible . . . Nevertheless, this court has determined the testimony of a physician other than those enumerated in section 440.13 . . .

UNITED STATES FIRE INSURANCE COMPANY v. HACKETT,, 260 So. 3d 532 (Fla. App. Ct. 2018)

. . . basis of allegedly changed circumstances; and that IMEs are available solely as provided in section 440.13 . . . claimant's medical condition "to assist in the resolution of a dispute arising under this chapter." § 440.13 . . . concerning overutilization, medical benefits, compensability, or disability under this chapter." § 440.13 . . .

HANSEN AND ADKINS AUTO TRANSPORT v. MARTIN,, 259 So. 3d 994 (Fla. App. Ct. 2018)

. . . wrongfully denied medical treatment at the expense of the E/C under the self-help provisions of section 440.13 . . . Contracting Co. , 16 So.3d 958, 962 (Fla. 1st DCA 2009) (holding "where section 440.13(2)(c) applies, . . . But Claimant's burden under the self-help provision of section 440.13(2)(c) was to show that surgery . . . Under section 440.13(5)(e), only medical opinions from authorized providers, independent medical examiners . . .

ALTEMAR, v. LIFESPACE COMMUNITIES, INC. d b a, 249 So. 3d 1319 (Fla. App. Ct. 2018)

. . . See § 440.13(9)(c), Fla. Stat. (2013) ; Guerra v. C.A. . . .

MYERS, v. PASCO COUNTY SCHOOL BOARD, 246 So. 3d 1278 (Fla. App. Ct. 2018)

. . . Compensation Claims (JCC) denying her request for a "one-time change" of physician as permitted by section 440.13 . . . Section 440.13(2)(f) requires that the one-time change be made with a physician who practices in the . . .

GREENFIELD, v. TALLAHASSEE POLICE DEPARTMENT, 243 So. 3d 1050 (Fla. App. Ct. 2018)

. . . Paragraphs 440.13(5)(c)-(d), Florida Statutes (2010), require the E/C to "confirm the scheduling agreement . . . Paragraph 440.13(5)(c) specifically requires that the carrier provide an employee and the employee's . . . Here, the E/C's notice of the IME did not conform with the statutory notice required by paragraph 440.13 . . .

RODRIGUEZ, v. TALLAHASSEE FIRE DEPARTMENT CITY OF TALLAHASSEE,, 240 So. 3d 788 (Fla. App. Ct. 2018)

. . . See § 440.13(9)(c), Fla. Stat. (2013). After Dr. Castello's evaluation, he rated Mr. . . . When there is a disagreement in the medical opinions in a workers' compensation case, § 440.13(9)(c) . . . support this conclusion, the JCC misplaced reliance on the definition of "medicine" under paragraph 440.13 . . .

HERNANDEZ, v. HIALEAH SOLID WASTE DEPARTMENT CMS,, 238 So. 3d 418 (Fla. App. Ct. 2018)

. . . Section 440.13(2)(d) allows the employer "to transfer the care of an injured employee from the attending . . .

ASCENSION BENEFITS INSURANCE SOLUTIONS OF FLORIDA v. ROBINSON,, 232 So. 3d 1178 (Fla. Dist. Ct. App. 2017)

. . . ■Under paragraph 440.13(2)(a), Florida Statutes (2008), an injured employee is entitled to “such medically . . . Under paragraph 440.13(9)(c), Florida Statutes (2008), an EMA must be appointed when “there is a disagreement . . . As noted above, paragraph 440.13(2)(a) specifically requires that the treatment be “medically necessary . . . (Fla. 1st DCA 2009) (explaining that entitlement to all medical treatment is governed by paragraph 440.13 . . .

TECO ENERGY, INC. v. K. WILLIAMS,, 234 So. 3d 816 (Fla. Dist. Ct. App. 2017)

. . . experts, the E/C requested, and the JCC appointed, an expert medical ad-visor (“EMA”) pursuant to section 440.13 . . . condition, including the preexisting arthritis, as a compensable workplace injury pursuant to section 440.13 . . . Further, regarding section 440.13(l)(b), a break in the causal chain occurred when the E/C’s liability . . .

A M GERBER CHIROPRACTIC LLC, a a o v. GEICO GENERAL INSURANCE COMPANY,, 291 F. Supp. 3d 1318 (S.D. Fla. 2017)

. . . maximum reimbursable allowance under workers' compensation, as determined under Florida Statutes, § 440.13 . . . maximum reimbursable allowance under workers' compensation, as determined under Florida Statutes, § 440.13 . . . maximum reimbursable allowance under workers' compensation, as determined under Florida Statutes, § 440.13 . . . maximum reimbursable allowance under workers' compensation, as determined under Florida Statutes, § 440.13 . . .

WEAVER, v. C. MYERS, M. D., 229 So. 3d 1118 (Fla. 2017)

. . . See § 440.13(4)(c), Fla. Stat. (2017). . . .

MATHIS, v. BROWARD COUNTY SCHOOL BOARD, 224 So. 3d 852 (Fla. Dist. Ct. App. 2017)

. . . First, a referral from one health care provider to another requires prior authorization under séction 440.13 . . . to Claimant cost more than $1,000, the E/C were entitled to a ten-day approval period under section 440.13 . . . See also § 440.13(3)(b), Fla. Stat. . . . infection, but these findings do not resolve whether it was “emergency care” within the meaning of section 440.13 . . . met the definition of “emergency services and care” under section 395.002 as referenced in section 440.13 . . .

M. PAYLAN, M. D. v. J. FITZGERALD, P. A., 223 So. 3d 431 (Fla. Dist. Ct. App. 2017)

. . . provides in pertinent part as follows: (7)(a)' Except as otherwise provided in this section and in s. 440.13 . . .

BAYCARE HOME CARE MEDICAL SUPPLY v. SANTIAGO,, 220 So. 3d 1286 (Fla. Dist. Ct. App. 2017)

. . . See § 440.13(9)(e), Fla. . . . See § 440.13(9)(c) (“The opinion of the expert medical advisor is presumed to be correct unless there . . .

VELEZ, v. COADVANTAGE, CCMSI,, 220 So. 3d 1253 (Fla. Dist. Ct. App. 2017)

. . . claimant filed a petition for benefits (PFB) seeking a new orthopedic physician pursuant to section 440.13 . . . The JCC rejected the claimant’s argument that section 440.13(2)© “should be read to say the E/C must . . . Section 440.13(2)© authorizes the claimant to request a change of physician once during the course of . . . Munson — is “the previous physician" for purposes of section 440.13(2)©. . . . permit,” and here, the context of the phrase “the previous physician” within the language of section 440.13 . . .

LEWIS, v. DOLLAR RENT A CAR ESIS WC, 220 So. 3d 1246 (Fla. Dist. Ct. App. 2017)

. . . on the basis that reports of authorized treating physicians may come into evidence pursuant to “F.S. 440.13 . . . Section 440.13(2)(a), Florida Statutes (Supp. 1988), requires the E/C to provide Claimant with medically . . . considered a medical benefit that the JCC could order the E/C to provide under the authority of paragraph 440.13 . . . there was insufficient proof that the FME was “medically necessary” as that phrase is used in section 440.13 . . . claimant requests an FCE (therefore, logically acquiescing to attendance) as a benefit due under section 440.13 . . .

DOMINGUEZ, v. COMPASS GROUP, 219 So. 3d 223 (Fla. Dist. Ct. App. 2017)

. . . Judge of Compensation Claims (JCC) denying her claim for a one-time change of physician under section 440.13 . . . Section 440.13(2)(f) provides that “[u]pon the written request of the employee, the carrier shall give . . .

AT T COMMUNICATIONS CMS, v. ROSSO,, 217 So. 3d 1183 (Fla. Dist. Ct. App. 2017)

. . . See § 440.13(2)(a)-(b), Fla. Stat. (1989). . . . See § 440.13(l)(b), Florida Statutes (1989) (limiting the definition of “physician” to physicians licensed . . . See § 440.13(3)(d), Fla. Stat. (2016). . . . Kowalski, 605 So.2d 885, 888 (Fla. 1st DCA 1992) (citing § 440.13(2)(a), Fla. Stat. . . .

STATE DEPARTMENT OF CORRECTIONS, v. JUNOD,, 217 So. 3d 200 (Fla. Dist. Ct. App. 2017)

. . . . § 440.13(9)(c), Fla. Stat. . . . However, an EMA opinion is not presumptively correct under § 440.13(9)(c) to the extent that it exceeds . . .

MCFARLANE, v. MIAMI- DADE TRANSIT AUTHORITY, 215 So. 3d 658 (Fla. Dist. Ct. App. 2017)

. . . Baylis in accordance with paragraph 440.13(2)(f). . . . Paragraph 440.13(2)(f) provides that upon the grant of a one-time change, the originally authorized physician . . .

HILLSBOROUGH COUNTY SCHOOL BOARD BROADSPIRE, v. E. KUBIK,, 208 So. 3d 1287 (Fla. Dist. Ct. App. 2017)

. . . opinion into evidence without attributing to it the presumption of correctness prescribed in subsection 440.13 . . .

ZEKANOVIC, v. AMERICAN II, CORP., 208 So. 3d 851 (Fla. Dist. Ct. App. 2017)

. . . agreed they failed to respond to his request within five days of its receipt, as required by paragraph 440.13 . . . Under paragraph 440.13(2)(f), a claimant who sustains a compensable injury is entitled to a one-time . . .

RETAILFIRST INSURANCE COMPANY S. E. v. DAVIS,, 207 So.3d 1035 (Fla. Dist. Ct. App. 2017)

. . . . § 440.13(2)(f), Fla. Stat. (2016). . . . Company and Servpro, Inc.) didn’t respond timely to his request for a one-time change under subsection 440.13 . . . Section 440.13(2)© says: Upon the written request of the employee, the carrier shall give the employee . . . This interpretation fails to account for the second sentence of 440.13(2)(f), which specifically provides . . . But section 440.13(2)(f) cannot be read to allow that result simply because an employer/carrier has not . . .

SANSONE, v. CRUM, 201 So. 3d 1289 (Fla. Dist. Ct. App. 2016)

. . . Bd., 97 So.3d 878, 879 (Fla. 1st DCA 2012); see also § 440.13(3)(g), (13)(a), Fla. Stat. (2014). . . .

HIDDEN, v. DAY ZIMMERMAN Co., 202 So. 3d 441 (Fla. Dist. Ct. App. 2016)

. . . The E/C objected to the medical opinions in the depositions based on section 440.13(5)(e), Florida Statutes . . . Analysis Section 440.13(5)(e), by its plain language, excludes from workers’ compensation proceedings . . . And section 440.13(2)(c), by its plain language, permits self-help (and thus authorization by operation . . . See Oursler, 113 So.3d at 1009 (“A claimant cannot use medical opinion evidence barred by section 440.13 . . . To permit such bootstrapping would contravene the legislative intent of section 440.13(2)(c)...."). . . .

KILYN CONSTRUCTION, INC. FRSA SIF, v. PIERCE,, 200 So. 3d 259 (Fla. Dist. Ct. App. 2016)

. . . its obligations, the benefits sought—and more importantly, awarded—must be consistent with section 440.13 . . . Section 440.13(2)(a) provides that the employer shall provide an injured worker with “medically necessary . . .

SMITH, v. PEREZ,, 659 F. App'x 296 (6th Cir. 2016)

. . . Board, Sixth Circuit, and bankruptcy court), but he did award Smith $7,280 in attorney’s fees and $440.13 . . .

FLORIDA WELLNESS REHABILITATION, v. ALLSTATE FIRE CASUALTY INSURANCE COMPANY,, 201 So. 3d 169 (Fla. Dist. Ct. App. 2016)

. . . percent of the maximum reimbursable allowance under workers’ compensation,' as determined under s. 440.13 . . .

WESTPHAL, v. CITY OF ST. PETERSBURG, St. v., 194 So. 3d 311 (Fla. 2016)

. . . See § 440.13(2)(f), Fla. Stat. (2009); see also Butler v. Bay Ctr./Chubb Ins. . . . See §§ 440.09(1), 440.13(14)(c), Fla. Stat. (2009). . . . compensation shall be allowed for the first 7 days of the disability, except benefits provided for in s. 440.13 . . .

J. SCOTT, v. SEARS HOLDING CORPORATE AIG,, 189 So. 3d 1035 (Fla. Dist. Ct. App. 2016)

. . . care'awarded by the judge of- compensation claims (JCC), and (2) the constitutionality of the section 440.13 . . . Accordingly, section 440.13(2)(b)T. does not contravene article X, section 24. . . .

LOWE S HOME CENTERS, INC. CMS, v. K. BEEKMAN,, 187 So. 3d 318 (Fla. Dist. Ct. App. 2016)

. . . Section 440.13(9), Florida Statutes (2013), the provision addressing EMAs, provides in subsection (a) . . . resolving disputes relating to reimbursement, differing opinions of health care providers .... ” § 440.13 . . . part: When there is a conflict in the medical evidence submitted at the hearing, the provisions of s. 440.13 . . . examination and testimony may be assessed as costs in the proceeding, subject to the provision of s. 440.13 . . . treating physician” whose testimony concerning the claimant’s shoulder was admissible under section 440.13 . . .

A. STEINBERG, v. CITY OF TALLAHASSEE, 186 So. 3d 61 (Fla. Dist. Ct. App. 2016)

. . . See § 440.13(l)(j), Fla. Stat. (2011). And even though Dr. . . . Timeliness of EMA request The EMA statute- does not set a deadline for EMA requests. § 440.13(9)(c), . . . EMA must pay for it; in contrast, when a JCC sua sponte appoints an EMA, the cost falls on the E/C. § 440.13 . . .

ALVAREZ, v. FORT PIERCE POLICE DEPARTMENT,, 186 So. 3d 581 (Fla. Dist. Ct. App. 2016)

. . . Under paragraph 440.13(2)(a), Florida Statutes (2013), employers are required to furnish “such medically . . . “any medical service or-medical supply which is used to identify or treat an illness or injury.” § 440.13 . . .

CERTISTAFF, INC. v. OWEN,, 181 So. 3d 1218 (Fla. Dist. Ct. App. 2015)

. . . Paragraph 440.13(9)(c), Florida Statutes (2013), provides that an EMA is appointed when “there is a disagreement . . .

BOLEY CENTERS, INC. v. VINES,, 179 So. 3d 464 (Fla. Dist. Ct. App. 2015)

. . . . § 440.13(5)(e), Fla. Stat. (2013). See also Cespedes v. . . . ) (holding proof of compensable emergency care requires medical opinion admissible under subsection 440.13 . . . establish the second hospitalization as emergency services, as was concluded by the JCC-(under sections 440.13 . . .

RUBIO, v. GYMBOREE CORPORATION, 178 So. 3d 81 (Fla. Dist. Ct. App. 2015)

. . . , even if based on an untimely request, would be in contravention of the plain language of sections 440.13 . . .

BABAHMETOVIC, v. SCAN DESIGN FLORIDA INC., 176 So. 3d 1006 (Fla. Dist. Ct. App. 2015)

. . . Claims (JCC) denying him a one-time change in authorized treating physician, as' permitted - by section 440.13 . . . reverse the order on appeal and remand to the JCC for the award of a one-time change under section 440.13 . . .

O. SIERRA, v. METROPOLITAN PROTECTIVE SERVICES, 188 So. 3d 863 (Fla. Dist. Ct. App. 2015)

. . . See §§ 440.09, 440.13, Fla. Stat. (2011). . . .

GONZALEZ, v. QUINCO ELECTRICAL, INC., 171 So. 3d 153 (Fla. Dist. Ct. App. 2015)

. . . deemed to have timely responded to claimant’s request for a one-time change of physician under section 440.13 . . . Section 440.13(2)00, Florida Statutes (2013), allows the E/C only five days to respond to a request for . . . however, counsel inserted a request for a one-time change of treating physician pursuant to section 440.13 . . . compensation statutory scheme, a claimant’s request for a one-time change of physician under section 440.13 . . .

PEARSON, v. BH TRANSFER, 163 So. 3d 1280 (Fla. Dist. Ct. App. 2015)

. . . Because the JCC’s interpretation of section 440.13(3)(i), Florida Statutes (2011), was erroneous, we . . . However, this Court has previously held that section 440.13(3)(i) requires a. carrier to respond to a . . . Beverage Co., 132 So.3d 1191, 1193 (Fla. 1st DCA 2014) (“Under sections 440.13(3)(d) and (i), an employer . . .

STATE v. STRICKLING,, 164 So. 3d 727 (Fla. Dist. Ct. App. 2015)

. . . Stat. (2011) (in part providing “[ejxcept as otherwise provided in this section and in s. 440.13(4)(c . . .

SUAREZ, v. STEWARD ENTERPRISES Co., 164 So. 3d 132 (Fla. Dist. Ct. App. 2015)

. . . deposition fee of the expert medical advisor (EMA) to $200 per hour, the amount referenced in section 440.13 . . . because “the EMA is not a mere health care provider, but an expert,” the fee limitation in section 440.13 . . . Section 440.13(9)(a) requires that “the qualifications, training, impartiality, and commitment of the . . . Accordingly, nothing in sections 440.13 or 440.25 supports the JCC’s conclusion. . . . Rozencwaig’s deposition fee be limited to that permitted by section 440.13(10). . . . appellate remedy because the improperly charged fee — which here is expressly prohibited by section 440.13 . . .

BROADSPIRE, A v. E. JONES,, 164 So. 3d 708 (Fla. Dist. Ct. App. 2015)

. . . daily attendant care from his wife, which is the maximum allowable from a family member under section 440.13 . . . “Family member” means a spouse.... § 440.13(l)(b), Fla. Stat. (2013). . . .

STAHL, v. HIALEAH HOSPITAL, 160 So. 3d 519 (Fla. Dist. Ct. App. 2015)

. . . (substantially rewriting section 440.13, Florida Statutes); Ch. 03-412, § 18, at 3920-24, Laws of Fla . . .

PEREZ, v. SOUTHEASTERN FREIGHT LINES, INC., 159 So. 3d 412 (Fla. Dist. Ct. App. 2015)

. . . See § 440.13(2)(a), Fla. Stat. (2013). . . .

ECHEVARRIA, v. LUXOR INVESTMENTS, LLC, 159 So. 3d 991 (Fla. Dist. Ct. App. 2015)

. . . See § 440.13(2)(a), Fla. . . . Stat. (2006) (requiring employer to furnish medically necessary care); § 440.13(1)0), Fla. . . .

GONZALEZ, v. AMC CCMSI,, 160 So. 3d 932 (Fla. Dist. Ct. App. 2015)

. . . of Compensation Claims that appoints an expert medical advisor (EMA) under the authority of section 440.13 . . .

F. JACOBS, v. CLARKWESTERN BUILDING SYSTEMS, Co., 158 So. 3d 692 (Fla. Dist. Ct. App. 2015)

. . . An EMA’s opinion is presumed correct, see section 440.13(9), Florida Statutes (“The opinion of the expert . . .

CITY OF FORT PIERCE FLORIDA MUNICIPAL INSURANCE TRUST, v. SPENCE,, 155 So. 3d 1197 (Fla. Dist. Ct. App. 2014)

. . . Roush is compensa-ble, the JCC erred in excluding, under section 440.13(5)(e), Florida Statutes, Dr. . . .

SEARS OUTLET CMS, v. BROWN,, 152 So. 3d 785 (Fla. Dist. Ct. App. 2014)

. . . to request authorization for the kidney surgery was excused under the self-help provision of section 440.13 . . . Because we find that the E/C is not legally responsible under section 440.13(2)(c) for the medical bills . . . The JCC found section 440.13(2)(c) applicable based solely on his determination that the E/C wrongfully . . . Section 440.13(2)(c) expressly provides, however, that “[t]here must be a specific request for the initial . . . Contracting Co., 16 So.3d 958, 962 (Fla. 1st DCA 2009) (holding that section 440.13(2)(c) operates in . . .

HANCOCK, v. SUWANNEE COUNTY SCHOOL BOARD, 149 So. 3d 1188 (Fla. Dist. Ct. App. 2014)

. . . Section 440.13(5)(d), Florida Statutes (2012), requires an injured employee to reimburse the E/C half . . . See § 440.13(12)(d), Fla. . . . then determine (a) whether Claimant should be assessed half of the doctor’s no-show fee under section 440.13 . . .

A. FORTUNE, v. GULF COAST TREE CARE INC., 148 So. 3d 827 (Fla. Dist. Ct. App. 2014)

. . . Here, the relevant section is 440.13(2)(c), Florida Statutes (2010): If the employer fails to provide . . . The underlined portion of section 440.13(2)(c) is an exception to the general rule, detailed earlier . . . physician and obtain treatment, provided the care is ‘compensable and medically necessary.’ ” (quoting § 440.13 . . .

VMS, INC. a k a VMS v. ALFONSO,, 147 So. 3d 1071 (Fla. Dist. Ct. App. 2014)

. . . liable for, and shall secure, the payment to his or her employees ... the compensation payable under ss. 440.13 . . .

GUERRA, v. C. A. LINDMAN, INC., 146 So. 3d 527 (Fla. Dist. Ct. App. 2014)

. . . See § 440.13(9)(c), Fla. Stat. (2010). . . .

BREVARD COUNTY SCHOOL BOARD v. ACOSTA,, 141 So. 3d 233 (Fla. Dist. Ct. App. 2014)

. . . competent substantial evidence (CSE) supporting the JCC’s determination and is consistent with section 440.13 . . .

TREJO- PEREZ, v. ARRY S ROOFING, 141 So. 3d 220 (Fla. Dist. Ct. App. 2014)

. . . simply rendered her own unqualified and unsubstantiated medical opinion, which is contrary to section 440.13 . . . See §§ 440.13(9)(c) & 440.25(4)(d), Fla. Stat. . . . Section 440.13(2)(a), Florida Statutes (2011), requires that the employer furnish such medically necessary . . . treat an illness or injury, and is appropriate to the patient’s diagnosis and status of recovery. § 440.13 . . . . § 440.13(k), Fla. Stat. (2014). . . . Preferable, perhaps; but section 440.13(2)(a), Florida Statutes (2011), requires that recommended treatment . . .

In AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE, 140 So. 3d 507 (Fla. 2014)

. . . 7)(a) provides in pertinent part as follows: Except as otherwise provided in this section and in s. 440.13 . . .

M. LORD, v. SANTA ROSA CORRECTIONAL INSTITUTE, 135 So. 3d 1170 (Fla. Dist. Ct. App. 2014)

. . . and given this court’s prior analogous holding that a “one-time” change of physician under section 440.13 . . .

FLAGLER HOSPITAL INC. v. ASSOCIATION INSURANCE COMPANY,, 133 So. 3d 644 (Fla. Dist. Ct. App. 2014)

. . . Compensation Claims does not have jurisdiction over reimbursement dispute actionable under section 440.13 . . .

GADOL, v. MASORET YEHUDIT, INC. U. S. ADMINISTRATOR CLAIMS,, 132 So. 3d 939 (Fla. Dist. Ct. App. 2014)

. . . choice of doctor to serve as the “one-time change” of physician to which he is entitled under section 440.13 . . . On October 22, 2012, Claimant requested a one-time change of physician pursuant to section 440.13, Florida . . . The substantive benefit provided in section 440.13(2)(f) is a claimant-initiated, one-time change of . . .

HORNFISCHER, v. MANATEE COUNTY SHERIFF S OFFICE,, 136 So. 3d 703 (Fla. Dist. Ct. App. 2014)

. . . . § 440.13(4)(a), (c). . . .

ANDINO- RIVERA, v. SOUTHEAST ATLANTIC BEVERAGE COMPANY GALLAGHER BASSETT SERVICES, INC., 132 So. 3d 1191 (Fla. Dist. Ct. App. 2014)

. . . theory that he was entitled to elect a pain management physician in lieu of a surgeon under section 440.13 . . . f), Florida Statutes (2011), and so leave intact his prerogative to invoke his rights under section 440.13 . . . Under sections 440.13(3)(d) and (i), an employer or carrier “forfeits the right to contest” the medical . . . carrier is not required to grant the request for a referral within the times specified in sections 440.13 . . . We affirm the denial of the claim for a one-time change in physician under section 440.13(2)(f). . . .

PENA, v. DESIGN- BUILD INTERAMERICAN, INC., 132 So. 3d 1179 (Fla. Dist. Ct. App. 2014)

. . . for, and shall secure, the payment to his or her employees ... of the compensation payable under ss. 440.13 . . .

STAHL, v. HIALEAH HOSPITAL CMS,, 127 So. 3d 1283 (Fla. Dist. Ct. App. 2013)

. . . The statutory authority for an independent medical examination exists under section 440.13(5)(a), Florida . . . Section 440.13(5)(a), Florida Statutes (2003), provides in part that “[t]he employer and employee shall . . . There is an exception, under subsection 440.13(5)(b), which provides that each party is entitled to “ . . .

CESPEDES, Jr. v. YELLOW TRANSPORTATION, INC. URC GALLAGHER BASSETT SERVICES, INC., 130 So. 3d 243 (Fla. Dist. Ct. App. 2013)

. . . See § 440.13(3)(a), Fla. Stat. (2005). . . . . § 440.13(3)(b), Fla. Stat. (2005). . . . See § 440.13(3)(a)-(b), Fla. Stat. (2005). . . . See § 440.13(11)(c), Fla. . . . We observe that in section 440.13(3)(a), but not in section 440.13(5)(e), the Legislature qualified the . . .

BRANDYWINE CONVALESCENT v. RAGOOBIR,, 124 So. 3d 344 (Fla. Dist. Ct. App. 2013)

. . . The JCC here appointed an EMA under section 440.13(9), Florida Statutes (2008), to resolve a conflict . . . correct “unless there is clear and convincing evidence to the contrary as determined by the [JCC].” § 440.13 . . .

BANUCHI, v. DEPARTMENT OF CORRECTIONS, 122 So. 3d 999 (Fla. Dist. Ct. App. 2013)

. . . Legal Background Section 440.13(9), Florida Statutes (2008), is entitled “Expert Medical Advis- or.” . . . EMA is “to assist the ... judges of compensation claims within the advisor’s area of expertise.” § 440.13 . . . those instances in which “there is a disagreement in the opinions of the health care providers.” § 440.13 . . . ] is needed to resolve the dispute, the carrier must compensate the advisor for his or her time.” § 440.13 . . . Section 440.13(9)(f) provides that in such an instance, where the JCC directs that the evaluation take . . .

WESTPHAL, v. CITY OF ST. PETERSBURG CITY OF ST. PETERSBURG RISK MANAGEMENT,, 122 So. 3d 440 (Fla. Dist. Ct. App. 2013)

. . . . §§ 440.13(9)(c) & 440.25(4)(d), Fla. Stat.; Romero v. . . . would be legally required to appoint an Expert Medical Advisor (“EMA”) to resolve the conflict. §§ 440.13 . . .

COLLINS, v. MOSAIC FERTILIZER, LLC, 121 So. 3d 1119 (Fla. Dist. Ct. App. 2013)

. . . .” § 440.13(9), Fla. Stat. (2009). . . .

BUSTAMANTE, v. AMBER CONSTRUCTION COMPANY, 118 So. 3d 921 (Fla. Dist. Ct. App. 2013)

. . . authorized treating physician following Claimant’s request for a one-time change pursuant to section 440.13 . . . authorized treating physician as the Employer/Carrier complied with the statutory provision of F.S. § 440.13 . . . Claimant of a particular doctor’s name within five days of receiving the request satisfied section 440.13 . . . that unilateral notice to Jacksonville Orthopaedic Institute was sufficient to comply with section 440.13 . . .

GEICO GENERAL INSURANCE COMPANY, v. VIRTUAL IMAGING SERVICES, INC., 141 So. 3d 147 (Fla. 2013)

. . . 80 percent of the maximum reimbursable allowance under workers’ compensation, as determined under s.440.13 . . .

TORRES, v. COSTCO WHOLESALE CORP., 115 So. 3d 1111 (Fla. Dist. Ct. App. 2013)

. . . jurisdiction to compel attendance when there is a question of overutilization, pursuant to sections 440.13 . . . Second, we recognize that under section 440.13, Florida Statutes (2001), either party may obtain an IME . . . “[i]n any dispute concerning overutilization, medical benefits, compensability, or disability.” § 440.13 . . . See § 440.13(6) and (7), Fla. Stat. (2001). . . . See § 440.13(5)(a), Fla. Sta. (2001). . . .

ALLSTATE FIRE CASUALTY INSURANCE COMPANY, v. PEREZ, JEFFREY TEDDER, M. D. P. A., 111 So. 3d 960 (Fla. Dist. Ct. App. 2013)

. . . 80 percent of the maximum reimbursable allowance under worker’s compensation, as determined under s. 440.13 . . .

MILLER ELECTRIC COMPANY v. OURSLER,, 113 So. 3d 1004 (Fla. Dist. Ct. App. 2013)

. . . Here, the applicable version of section 440.13(2)(c) requires Claimant to prove that the care at issue . . . Additionally, both versions of section 440.13(2)(c) require a claimant seeking “to recover any amount . . . And third, section 440.13(5)(e) excludes only medical opinions from certain sources, not testimony or . . . A claimant cannot use medical opinion evidence barred by section 440.13(5)(e) to “bootstrap” itself — . . . Once the provider of care in controversy becomes an authorized provider, however, section 440.13(5)(e . . .

CHURCH S CHICKEN v. ANDERSON,, 112 So. 3d 545 (Fla. Dist. Ct. App. 2013)

. . . .” § 440.13(3)(b), Fla. Stat. (2010). . . .

PRESCRIPTION PARTNERS, LLC, v. STATE DEPARTMENT OF FINANCIAL SERVICES,, 109 So. 3d 1218 (Fla. Dist. Ct. App. 2013)

. . . According to the plan outlined in section 440.13, Florida Statutes, workers’ compensation physicians . . . employers’ compensation insurance carriers based on the pharmacy fee schedule set forth in section 440.13 . . . If the provider chooses to challenge the reimbursement amount, or the refusal to reimburse, section 440.13 . . . The Department concluded that section 440.13(7)(a) “expressly authorizes only health care providers, . . . There is nothing in Section 440.13(7), Fla. . . .

LIBERTY MUTUAL INSURANCE COMPANY, v. ROYAL AMERICAN MANAGEMENT, INC. s NC, 512 F. App'x 911 (11th Cir. 2013)

. . . . § 440.13(5). . . .

BEAVERS, v. CARPENTER CONTRACTORS OF AMERICA, 107 So. 3d 551 (Fla. Dist. Ct. App. 2013)

. . . Khan was properly deau-thorized by the employer/carrier under section 440.13(2)(d), Florida Statutes . . .

R. TAYLOR, v. TGI FRIDAY S, INC., 108 So. 3d 698 (Fla. Dist. Ct. App. 2013)

. . . See § 440.13(3)(c), Fla. Stat. (2006); see also Amos v. . . .

HILLSBOROUGH COUNTY SCHOOL BOARD v. E. KUBIK,, 110 So. 3d 928 (Fla. Dist. Ct. App. 2013)

. . . I concur in affirmance of the JCC’s order granting a one-time change of physician under section 440.13 . . . Compensation Claims (JCC) to the extent it awards Claimant a one-time change of physician, under section 440.13 . . .

HINZMAN, v. WINTER HAVEN FACILITY OPERATIONS LLC d b a, 109 So. 3d 256 (Fla. Dist. Ct. App. 2013)

. . . appeals an order of the Judge of Compensation Claims (JCC) in which he ruled that the “5 days” in section 440.13 . . . Seen another way, because the Legislature specified “business days” elsewhere in section 440.13, canons . . .

ARNAU, v. WINN DIXIE STORES CMS,, 105 So. 3d 669 (Fla. Dist. Ct. App. 2013)

. . . Analysis Section 440.13(9)(c), Florida Statutes (2008), mandates that the JCC appoint an EMA when there . . . See § 440.13(9)(c), Fla. Stat. (2004); see also Mobile Med. Indus, v. . . .

QUIROGA, v. FIRST BAPTIST CHURCH AT WESTON, 124 So. 3d 936 (Fla. Dist. Ct. App. 2013)

. . . never made a request for the JCC to appoint an expert medical advisor (EMA) as provided for in section 440.13 . . .

HASAN, v. GARVAR, D. M. D., 108 So. 3d 570 (Fla. 2012)

. . . currently amended, states in relevant part: (7)(a) Except as otherwise provided in this section and in s. 440.13 . . .

AVERY, v. CITY OF CORAL GABLES, 100 So. 3d 749 (Fla. Dist. Ct. App. 2012)

. . . jointly the Employer/Carrier (E/C), of Claimant’s two authorized treating physicians pursuant to section 440.13 . . . Claimant had reached maximum medical improvement (MMI) and was receiving only palliative care, section 440.13 . . . The E/C further asserted that Claimant had not made appropriate progress under section 440.13(2)(c), . . . Analysis Section 440.13(2)(d), Florida Statutes (2011), provides that “[t]he carrier has the right to . . . See § 440.13(11)(c), Fla. . . .

MARTON, v. FLORIDA HOSPITAL ORMOND BEACH ADVENTIST HEALTH SYSTEMS,, 98 So. 3d 754 (Fla. Dist. Ct. App. 2012)

. . . The JCC declined to apply section 440.13(10), Florida Statutes (2007) (establishing amount health care . . . The JCC erred in finding that section 440.13(10) was not applicable to the dispute before him. . . . On remand, their fees should be calculated according to the section 440.13(10) guides. . . . As stated above, the JCC abused his discretion in failing to apply section 440.13(10). 2. . . . Section 440.13 addresses “no-show” fees only in relation to IMEs. . . .

GOMEZ LAWN SERVICE, INC. v. THE HARTFORD,, 98 So. 3d 212 (Fla. Dist. Ct. App. 2012)

. . . liable for, and shall secure, the payment to his or her employees ... the compensation payable under ss. 440.13 . . .

BELLAMY, v. GOLDEN FLAKE SNACK FOODS, INC., 97 So. 3d 941 (Fla. Dist. Ct. App. 2012)

. . . See also § 440.13(5)(a), Fla. Stat. (2009). . . .

BERGSTEIN, v. PALM BEACH COUNTY SCHOOL BOARD F. A., 97 So. 3d 878 (Fla. Dist. Ct. App. 2012)

. . . We agree, and hold that assertion of this jurisdictional defense (codified at section 440.13(ll)(c), . . . , if any entity is financially responsible for these disputed bills, it is the carrier (per section 440.13 . . . Florida Statutes (1994)), and Claimant is thereby insulated from financial responsibility (per section 440.13 . . . It follows from that finding, though, that section 440.13(3)(g) insulates Claimant from financial responsibility . . .

SOCC, P. L. d b a v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,, 95 So. 3d 903 (Fla. Dist. Ct. App. 2012)

. . . 80 percent of the maximum reimbursable allowance under workers’ compensation, as determined under s. 440.13 . . . B to 80% of the “maximum reimbursable allowance under workers’ compensation, as determined under s. 440.13 . . .

COOPERSMITH, v. PERRINE,, 91 So. 3d 246 (Fla. Dist. Ct. App. 2012)

. . . Florida Statute section 456.057(7)(a) provides: Except as otherwise provided in this section and in s. 440.13 . . .

HMSHOST CORPORATION GALLAGHER BASSETT SERVICES INC. v. FREDERIC,, 102 So. 3d 668 (Fla. Dist. Ct. App. 2012)

. . . Claims (JCC) awarding Claimant her own selection of a “one-time” change of physician under section 440.13 . . . that Claimant’s purported petition for benefits constituted the “written request” required by section 440.13 . . . in finding the Employer/Carrier (E/C) did not comply with the request within the five days section 440.13 . . . Claimant of a particular doctor’s name within five days of receiving the request satisfied section 440.13 . . .