Lourdes PEREZ, Petitioner, v. F. W. WOOLWORTH COMPANY, Travelers Insurance Company, and Florida Industrial Commission, Respondents.
No. 38264.
Supreme Court of Florida.
March 19, 1969.
Rehearing Denied April 21, 1969.
Barry L. Halpern, of Silverstein, Nach-walter & Halpern, Miami, for petitioner.
H. Jack Miller, of Lally, Miller & Hodges, Miami, Patrick H. Mears and J. Franklin Garner, Tallahassee, for respondents.
PER CURIAM.
By petition for a writ of certiorari we have for review an order of the Florida Industrial Commission bearing date January 7, 1969.
We find that oral argument would serve no useful purpose and it is therefore dispensed with pursuant to Florida Appellate Rule 3.10e, 32 F.S.A.
Our consideration of the petition, the record and briefs leads us to conclude that there has been no deviation from the essential requirements of law. The petition is therefore denied.
Petitioner’s application for attorney’s fees is also denied.
THORNAL, CARLTON, ADKINS and BOYD, JJ., concur.
ERVIN, C. J., concurs specially with Opinion.
*905ERVIN, Chief Justice
(concurring specially) .
I agree to the judgment herein. After the carrier notified claimant’s physician, Dr. Harmon, that he was no longer authorized by carrier to treat claimant, he could no longer treat her at the carrier’s expense. If for alleged good cause claimant desired to continue Dr. Harmon as her treating physician, she should have so notified carrier. Then, if carrier had persisted in refusing to authorize Dr. Harmon to treat claimant, the matter could have been brought on for hearing and determination before the Judge of Industrial Claims. See F.S. Section 440.13, F.S.A. See also, Robinson v. Howard Hall Company, Inc., et al., Fla., 219 So.2d 688, opinion filed March 5, 1969.
The claimant having failed and neglected to timely secure the prior approval of the carrier or a timely order from the Commission for her continued treatment by Dr. Harmon, there was no proper predicate for payment of the medical bills of Dr. Harmon after he had been notified by carrier he was no longer authorized to treat claimant.