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Case Law Update December 2024
Ortiz II v. Winn-Dixie, Inc. ___So.3d ___ (Fla. 1st DCA 12/23/24)Statute of Limitations/TollingBill Rogner The underlying case involved a claimant whose accident resulted in a kidney injury and subsequent kidney removal. She received authorized treatment with a urologist for years. She then saw a new urologist, who began billing her private insurance. When the claimant filed a PFB thereafter, the E/C asserted the incorrectly billed treatments were for non-accepted conditions (dysuria, UTIs and cystitis) and that the SOL ran because... View More
Wright v. Orange County Public Schools
JCC Stanton (Orlando) (Derrick Cox) (12-20-24) – Granted E/C’s Motion to Enforce Settlement Agreement. The parties entered into a settlement agreement for $7,400.00 plus $100.00 general release with voluntary resignation of employment. The claimant ultimately refused to sign the settlement documents and failed to appear at the scheduled evidentiary hearing. Therefore, based on the testimony of counsel for the E/C and counsel for the claimant, the JCC found that the parties entered into an enforceable settlement agreement that could not... View More
Ramsey v. HCA Florida Osceola Hospital / Broadspire Services
JCC Sancerni (Orlando) (Derrick Cox) (12-13-24) – Denied authorization of transportation appropriate for electric wheelchair and attorney’s fees and costs. The claimant injured her right foot, which required assistive devices for walking. Dr. Marc Gerber aimed to have the claimant walk independently without any assistive devices. He prescribed a quad cane and a rolling walker with a seat, noting that the motorized scooter was no longer medically necessary. The claimant filed a petition to provide suitable transportation for her electric... View More
Magnant v. Vensure HR, Inc. / FleetLogix, Inc. / SUNZ Insurance / NextLevel Administrators
JCC Forte (Ft. Lauderdale) (Greg White) (12-2-24) – Granted E/C’s Motion to Enforce Settlement. The parties engaged in settlement discussions via email and agreed to settle the claim for $5,000.00 inclusive, plus $100.00 for execution of a General Release and Resignation. The claimant never signed the settlement documents, and the E/C filed its Motion. The JCC granted the motion as claimant’s counsel testified that he had authority to agree to the settlement terms and the claimant did not attend the... View More