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Workers’ Compensation Section Co-Chairs: AnthonyCortese – AnthonyV. Cortese, AttorneyatLaw & Ya’ SheakaWilliams – Quintairos, Prieto, Wood & Boyer
this decision and fact pattern provides guidance on how a claim for a new doctor can be pursued.
Sun Terminals v. Polo, No. 24- 14015( 11th Cir., October 15, 2025), is a longshore case which made some very important rulings regarding change of physicians. The procedures are longshore, but the evidence marshalled and presented to rebuild the claim to obtain benefits are useful in any workers compensation type case on behalf of an injured worker.
Maximo Polo was a heavy machinery operator for a longshore employer, Sun Terminals. He injured his back at work and saw a pain management doctor, Dr. Davis, who recommended he see a spine surgeon. Polo stated that the carrier offered him a visit to a neurosurgeon, Dr. Pasarin. The
Carrier submitted a form signed by Polo that said the neurosurgeon was his choice of physician, and he would not be permitted to change physicians without prior authorization. The neurosurgeon saw him for about 10 minutes, noted Polo was uncertain whether or not he wanted surgery, and referred Polo back to pain management for long-term pain management care. Polo voluntarily went to an independent medical examination( IME) doctor who wrote that the injury was an exacerbation of a preexisting condition that did not require surgery or any more treatment, and there were no work restrictions. The Employer allowed Polo to return to work in a lighter duty job at reduced wages, but denied additional medical care and did not pay temporary or permanent partial indemnity benefit.
Mr. Polo found another spine surgeon, Dr. Hyde, and asked the Employer / Carrier for authorization to see him. The Carrier refused. Mr. Polo filed a claim and asked for an informal conference on authorization of Dr. Hyde and temporary partial disability indemnity benefits. An informal conference is a telephonic preliminary conference with a Claims Examiner who is a federal employee who works for the District
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