Florida Injury Attorney Blawg
The belief that a physician’s written prescription must accompany every petition for benefits requesting medical care has taken on the status of religious doctrine in Florida workers’ compensation practice. This blog aims to challenge and clarify that misconception.
A petition for benefits is the workers’ compensation equivalent of a civil complaint. It is the legal vehicle used to initiate litigation against the employer and its insurance carrier (E/C).
Section 440.192, Florida Statutes, outlines the required contents of every petition, its purpose being to equip E/C with sufficient information to make informed decisions.
The so-called prescription doctrine finds its supposed legal foundation in Section 440.192(2)(i), which states:
“The type or nature of treatment, care, or attendance sought and the justification for such treatment. If the employee is under the care of a physician for an injury identified under paragraph (c), a copy of the physician’s request, authorization, or recommendation for treatment, care, or attendance must accompany the petition.”
Many practitioners and judges interpret this subsection as requiring a physician’s written request with every petition seeking medical care. They view the two sentences as linked and dependent. As a result, E/C routinely files motions to dismiss petitions that lack a doctor’s written request.
I respectfully disagree with this widely accepted interpretation.