Articles Posted in 440.13

Jeffrey P. Gale, P.A. /// Debunking the “Prescription Doctrine” in Florida Workers’ Compensation
Jeffrey P. Gale, P.A.

The belief that a physician’s written prescription must accompany every petition for benefits requesting medical care has taken on the status of religious doctrine in Florida workers’ compensation practice. This blog aims to challenge and clarify that misconception. A petition for benefits is the workers’ compensation equivalent of a civil complaint. It is the legal…

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Jeffrey P. Gale, P.A. // Gamesmanship Practiced by Florida Workers’ Compensation Doctors
Jeffrey P. Gale, P.A.

Florida law authorizes employers and their workers’ compensation insurance carriers (“E/C”) to choose every one of an injured worker’s treating doctors. See, sections 440.13(2)(a) & (f), Florida Statutes. They pick medical providers, sometimes called “The Usual Suspects,” from whom they can expect to receive favorable opinions. Because the doctors like the steady and easy income,…

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Jeffrey P. Gale, P.A. // Limited Medical Choices for Claimants in Florida Workers’ Compensation Cases
Jeffrey P. Gale, P.A.

Florida Statute 440.13 governs the provision of medical care under Florida’s workers’ compensation system. For the most part, the Employer and its insurance carrier — “E/C” — control the provision of medical care. The most dominant aspect of this control is the right to select the injured worker’s treating doctors. Unfortunately, most of these doctors…

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Jeffrey P. Gale, P.A. // Peer Review in Florida Workers’ Compensation
Jeffrey P. Gale, P.A.

The Oxford Dictionary defines peer review as “a judgment on a piece of scientific or other professional work by others working in the same area.” It is a commonly used procedure with a variety of scientific and medical matters. Florida’s workers’ compensation statutes are located in Chapter 440. Peer review is referenced at section 440.13(1)(o)…

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