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Druckman,
Fee & Chait, P.A.
305-374-7750
Serving the Entire State of Florida
James F. Fee, Jr.
& Richard E. Chait
WORKERS’ COMPENSATION LITIGATION
REPRESENTATION OF INJURED WORKERS
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Authorized Medical Treatment
Under the workers’ compensation law, injured
workers are entitled to receive medical treatment
for injuries suffered within the course and scope of
employment. However, entitlement to medical
treatment is subject to stringent legal requirements
which have become more restrictive since the 2003
workers’ compensation reform. Medical treatment must
be provided by an authorized treating physician with
limited exceptions. Providing a thorough and
accurate history to the authorized physician is of
the utmost importance. In most instances, an injured
worker is initially referred to a general
practitioner or a workers’ compensation clinic.
Depending upon the severity of injury, an injured
worker may be referred for physical therapy and/or
diagnostic testing amongst other things. The
treatment plan may require a referral to a
specialist if warranted. Medical treatment for
workers’ compensation injuries must be reasonable
and medically necessary. Prescription medication
that is related to the authorized treatment may also
be provided. Injured workers must be aware of
specific time frames in order to remain eligible to
receive ongoing authorized medical treatment.
Further, they should secure copies of their
treatment records and prescriptions for each date of
service.
Mr. Fee and Mr. Chait focus their efforts on
developing the medical elements of their clients’
cases from the inception of the case and continuing
thereafter. They educate their clients on the need
to secure documentation from each visit with the
authorized physician and to provide this evidence to
their attorney without delay. They stress the
importance for their clients to receive ongoing
authorized medical treatment without interruption
throughout the life of the case. Entitlement to
ongoing workers’ compensation benefits must be
supported by medical evidence from the authorized
treating physicians. In order for a Petition for
Benefits to be valid, a claim for medical treatment
or testing must contain the attached documentation
supporting same. Mr. Fee and Mr. Chait regularly
counsel their clients regarding treatment options
and strategies so that appropriate medical treatment
can be pursued in a timely manner and recovery from
the work related injury can be enhanced. Because of
the inherent difficulties involved with the receipt
of proper medical treatment, Mr. Fee and Mr. Chait
strongly encourage the hiring of a competent and
experienced attorney to safe guard an injured
worker’s entitlement to authorized medical
treatment.
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