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Worker shouldn’t have been assessed fee for exam canceled by doctor

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A Florida appellate court on Wednesday ruled that an injured worker should not have been assessed a cancellation fee for an examination canceled by the doctor.

Sunrise Community filed a petition seeking $21,228.50 for costs incurred in successfully defending against several petitions for benefits filed by injured worker Lucianie Baptiste. Sunrise included a claim for reimbursement for half of a doctor’s $1,800 cancellation fee, according to Baptiste v. Sunrise Community, filed in Court of Appeal for the 1st District of Florida in Tallahassee.

A judge of compensation claims had previously ordered Ms. Baptiste to make an appearance for an examination by the doctor, wearing a mask. Ms. Baptiste came with the mask, but she also brought a videographer to record the examination. Even though Ms. Baptiste had a right to have the videographer present, the doctor refused to conduct the examination and canceled it.

The judge held Ms.Baptiste liable for the cancellation fee, finding the cancellation was her fault for failing to provide notice that she would bring a videographer.

The appellate court, which reversed and remanded, said an award of all reasonable litigation costs is mandatory, as state law specifies that a worker can be ordered to reimburse a carrier for a cancellation fee if she cannot show good cause for her failure to appear.

Here, the court said, the judge awarded half of a “no-show” fee under state law by treating Ms. Baptiste’s attendance with the unannounced videographer as a constructive failure to appear.

But the plain language of the law provides that payment of half of the no-show fee does not attach unless the employee fails to appear. Nothing in the statute allows for “constructive” failure to appear, the court said.

Since Ms. Baptiste appeared for the exam, the court said, she should not be charged with half of the cancellation fee under the facts presented.

WorkCompCentral is a sister publication of Business Insurance. More stories here.