1) Harrell v. Citrus County School Board, 25 So. 3d 675 (Fla. 1st DCA 2010)

The Court first noted that the one-time change is mandatory and absolute. The claimant is entitled to the one-time change even if the initial treating doctor opines that the work accident is no longer the MCC of the need for treatment. Next, the Court ruled that simply acknowledging entitlement and authorizing a request is not sufficient. The Carrier must authorize one specific physician within 5 days of the claimant’s written request for a one-time change. Otherwise, the claimant is entitled to select the physician. Though, the Court ruled that the carrier is not required to schedule an appointment with the new physician within this 5 day period.

2) Pruitt v. Southeast Personnel Leasing, Inc., 33 So. 3d 112 (Fla. 1st DCA 2010)

The Court clarified that although the claimant has an absolute right to a one-time change in physician, the claimant does not have an absolute right to select the one-time change in physician. If the employer/carrier does not timely authorize a one-time change in physician, the claimant has the option of selecting the physician. If the claimant fails to exercise this option, he or she waives the right to select the one-time change.

3) Hinzman v. Winter Haven Facility Operations LLC, 109 So. 3d 256 (Fla. 1st DCA 2013)

The Court held that the five (5) day response period in this statute refers to calendar days, not business days.

4) Gadol v. Masoret Yehudit, Inc., 132 So. 3d 939 (Fla. 1st DCA 2014)

The Court clarified that although, as they had held in Pruitt, the claimant can waive the option of selecting a one-time change where the employer/carrier does not respond timely, a claimant who names their selection 21 days after their request and the same day as the E/C authorized an alternative physician (and the claimant declined to attend E/C choice of physician), “does not constitute such a waiver”.