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Posted on 11.04.08 11:21AM under Legal Precedent, May, 2008
AMS STAFF LEASING, INC./ANDREWS ROOFING, LLC./ ASPEN ADMINISTRATORS/ PROVIDENCE PROPERTY & CASUALTY INSURANCE COMPANY, Appellants,v.JESUS INFANTE ARREOLA, Appellee.
Case No. 1D06-5727/07-1202. Consolidated Cases
District Court of Appeal of Florida, First District.
Opinion filed January 31, 2008.
PER CURIAM.
In this workers’ compensation appeal, the appellants challenge two orders of the JCC; one awarded the claimant TPD benefits, and the other directed the E/C to authorize claimant’s continuing medical care with an orthopedic physician in Mexico.
The appellants contend that Dr. Granados is not a physician because he is not licensed under chapter 458, or under the laws of any other state in the United States.
We conclude that a foreign physician may render compensable services to workers’ compensation claimants injured in Florida. Thus, the trial court did not err in directing the E/C to authorize continued treatment for claimant by a Mexican physician
I. Background
The claimant is a 34 year old undocumented alien who had illegally entered the United States from Mexico. In January of 2005, while working in Florida, the claimant was involved in a compensable accident which is the subject of these appeals.
The appellants claim that the definition of “physician” under Chapter 458 does not include doctors living outside the United States who do not meet the same national requirements and qualifications to practice in the USA. According to section 440.13(2)(a), Florida Statutes (2005), an employer must provide medical care “only when such care is given based on a referral by a physician as defined in this chapter.” (Emphasis added). “Physician” is defined in section 440.13(1)(q), as follows:
[A] physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a chiropractic physician licensed under chapter 460, a podiatric physician licensed under chapter 461, an optometrist licensed under chapter 463, or a dentist licensed under chapter 466, each of whom must be certified by the agency as a health care provider.
Whether the Florida workers’ compensation statutes contemplate treatment by a physician not licensed in any state in the United States appears to be an issue of first impression.
Additionally, according to Florida Administrative Rule 59A-29.002(d), the requirement for certification does not apply to health care providers of medical services outside the State of Florida. That rule provides that health care providers rendering services outside the state of Florida are not required to be certified in order to provide services pursuant to section 440.13, Florida Statutes.
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