Keston O. Smith v. US Food Services, Inc.

Jerry Hayden and Tony Caula (Miami, FL) (Workers’ Compensation) obtained a Dismissal in the case of Keston O. Smith v. US Food Services, Inc. and Sedgwick CMS. On 8/10/18, the JCC entered a Final Compensation Order denying the Claimant’s request for a one-time change to a provider of his choice. In the Final Compensation Order, the JCC found that the Claimant failed to provide any legal support for the position that he was entitled to a physician of his choice because the E/SA had authorized an alternate occupational clinic in response to a written request for one-time change of providers instead of identifying a physician by name. The Claimant appealed this decision to the First DCA, but the First DCA dismissed the appeal when the Claimant failed to file a docketing statement after being ordered to do so.