Carmack v. State, Department of Agriculture

The majority opinion states the issue on which I respectfully dissent from today's affirmance by asking this question:

[D]oes the E/C retain the right to control the selection of the future treating physician after the JCC determines the E/C wrongfully denied entitlement to treatment previously requested by the claimant?

Ante p. 800. Absent circumstances not present here, my answer is that the “future treating physician” should be the same as the past treating physician.

At issue is whether the employer or carrier should be allowed to disrupt an existing patient-physician relationship — of a…