JCC Dismisses 60-Day Cardiology Follow-Up Claim as Moot

In Yordan Perez v. City of Cape Coral/Commercial Risk Management, Inc., OJCC Case No. 21-017958FJC, Judge Frank Clark considered a former law-enforcement officer’s petition to compel a return appointment with authorized cardiologist Dr. Dennis Incorvati within 60 days. The claimant’s hypertension had already been accepted as compensable under section 112.18, Florida Statutes, but the only pending benefit at the expedited final hearing was a prompt follow-up visit plus fees and costs.

The employer and carrier showed that Dr. Incorvati had already scheduled the claimant for the doctor’s first available appointment and had placed him on a cancellation list for anything earlier. The order also admitted the authorized physician’s office note over a hearsay objection under section 440.29(4), and it emphasized there was no evidence that more frequent cardiology visits were medically necessary, no self-help treatment issue, and no request for a one-time change of physician.

Judge Clark held the petition was moot because the requested follow-up appointment had already been provided and Chapter 440 does not authorize a JCC to dictate the timing or frequency of an authorized doctor’s appointments. The petition for benefits was denied and dismissed with prejudice, attorney’s fees and claimant costs were denied, and jurisdiction was reserved only as to prevailing-party costs.

Source: Compensation Order