Crespo v. Direct Flowers Distribution, Inc.
Jan 06, 2012OUTCOME: Success for Claimant
Claimant injured her low back on the job and after initial care was referred to a neurosurgeon who, in turn, recommended surgery. When the Claimant presented the surgical recommendation to the Carrier ... , the adjuster advised her of the option to seek a second opinion and instructed the Claimant on how to do so, even essentially dictating the wording to use in the request to the Claimant. The Carrier then took the writing to be a request for a change of authorized treating physician (a different concept altogether from a second opinion), even though the Claimant was happy with her neurosurgeon and never intended to change. The Court ruled that the attempt to change the Claimant's neurosurgeon was ineffective and ordered the authorization of the surgery originally recommended by the neurosurgeon. the Court further awarded temporary partial disability benefits from the accident date and continuing to the Claimant.
