| JCC Weiss (Ft. Myers) (Tim Stanton)(10-6-21)) – Denied attorney fee entitlement. The claimant’s attorney argued fee entitlement for multiple petitions. Prior to the hearing, the E/C stipulated to fees for two PFBs but argued no entitlement for the remaining PFBs. First, the claimant’s attorney argued that he was entitled to a fee for a request for a PCP. The E/C previously authorized MD Now, who transferred care to an orthopedic, and Dr. Rosabal was authorized. The claimant subsequently filed a PFB requesting a one-time change from Dr. Rosabal and Dr. Ruddy was authorized. The claimant’s attorney argued that the response to the PFB authorized Dr. Ruddy as the one-time change, but not as the PCP. The claimant’s attorney also argued that the adjuster testified that Dr. Rosabal was the authorized PCP, so he believed the authorization for PCP was denied until the claimant saw Dr. Ruddy, over a month after the PFB was filed. The JCC rejected the claimant’s argument and noted that the claimant attorney’s theory was changed just to fit his attorney fee claim. The JCC found that the PFB did not even request authorization of a one-time change PCP, the claimant’s attorney misconstrued the adjuster’s testimony and there was lack of evidence that the claimant was requesting a one-time change from both the PCP and the orthopedic. The claimant’s attorney also argued fee entitlement for authorization of a right knee surgery. The E/C presented testimony from the adjuster that the surgery was authorized within 10 days of the PFB, which the JCC found to be consistent with the response to the PFB filed 11 days after the PFB. The JCC rejected the claimant attorney’s argument that there was no evidence of authorization communicated to the physician. Click here to view Order |