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Appeals court: Marine Max can't be forced to overpay for workers' comp claims, but can't order different doctor

March 8, 2019

A Florida appeals court ruled March 7 a possible payment dispute can’t force a workers’ compensation claimant to change doctors.


But, they said, the doctor can't compel payment beyond what workers' compensation law allows.


Judge Allen Winsor wrote the majority opinion for the Florida First District Court of Appeal. Judges Harvey Jay and James Wolf concurred, although Wolf also offered a partial dissent.


On Oct. 22, 2010, Charles Blair fell from a ladder. HIs employer, Marine Max Inc., said the accident entitled him to compensation and authorized Dr. Jonathan Yunis to treat Blair.


While practicing with Vascular Associates, Yunis operated on Blair multiple times from 2010 through 2014, billing at both statutory and higher rates. Yunis started his own practice in 2015, Center for Hernia Repair. When Blair attempted to seek treatment in 2017, the new firm required advance payments beyond the statutory rate, court documents show.


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