Hinzman v. Winter Haven Facility Operations LLC

In this workers’ compensation case, Claimant appeals an order of the Judge of Compensation Claims (JCC) in which he ruled that the “5 days” in section 440.13(2)(f), Florida Statutes (2011), means business days rather than calendar days. We reverse this ruling because the plain meaning of the statute reveals the Legislature’s intent to limit to five consecutive days, or calendar days, the time period within which a “carrier shall authorize an alternative physician who shall not be professionally affiliated with the previous physician” in response to an injured employee’s written request for a…