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Posted on 11.04.08 11:19AM under Legal Precedent, May, 2008
GLORIA HAMPTON, Appellant,v.FANTASTIC SAM’S and UNITED SELF INSURED SERVICES, Appellees.
Case No. 1D06-6234 1st DCA
Opinion filed February 25, 2008
Workers’ compensation is entirely a creature of statute. See Shaw v. Cambridge Integrated Servs. Group, Inc., 888 So. 2d 58, 60 (Fla. 4th DCA 2004); see also Farhangi v. Dunkin Donuts, 728 So. 2d 772, 773 (Fla. 1st DCA 1999) (”A JCC has no authority or jurisdiction beyond what is specifically conferred by statute.”). Nothing in chapter 440 gives an authorized treating physician the authority to transfer care to another physician upon his retirement, and generally a claimant may not select a physician of his or her choice without the e/c’s prior authorization. See Marcy v. Charlotte County Sheriff’s Office, 599 So. 2d 1319, 1321 (Fla. 1st DCA 1992). Accordingly, we affirm that portion of the JCC’s order denying payment of Dr. Walker’s and Nurse Hansted’s bills and denying further treatment with them.
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