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Sublett-Bowman v. Unifi / Delta Airlines / Gallagher Bassett
HR Law Cases
JCC Moneyham (Panama City Beach) (Matt Bennett)(12-14-22) – The JCC accepted the E/C’s AWW, denying a claimed increase, and awarded a finite period of TTD benefits.  The claimant sought inclusion of an unpaid $750.00 summer sign-on bonus in the AWW.  The bonus was never paid.  The employer testified that the claimant came to work at the end of the summer and as such, was not eligible for the summer sign-on bonus.  Since the bonus was never paid, the JCC did... View More
Robertson v. John Knox Village / MEMIC
HR Law Cases
JCC Lewis (Fort Lauderdale) (Kate Albin)(12-2-22) Denied all benefits based on no timely notice and MCC.  The Claimant, a CNA, alleged a lifting injury to the low back in January 2022.  She acknowledged that the first time she reported it to a supervisor was April 29, 2022.  The Claimant testified that this was because her back pain went away and she started having leg pain, which she did not realize was related to the back pain.  The judge found that... View More
Avila v. Los Taquitos Mexican Food II, LLC
HR Law Cases
JCC Weiss (Ft. Myers) (Jonathan Cooley) (11-16-22) – Denied compensability.  Claimant was hired to work on a taco food truck after replying to a help wanted ad posted by “Los Taquitos Mexican Food.” The Claimant was hired by a person named Santos and earned $10 per hour cash; her job duties included cutting meat and making tortillas. On the accident date, the Claimant fell off the truck and broke her hand. The employer Los Taquitos Mexican Food II, LLC was owned... View More
Jean v. Orange County Public Schools / USIS
HR Law Cases
JCC Pitts (Orl) (Rogers Turner)(11-8-22) – Denied for misrepresentation of prior medical history. The Claimant had an initially compensable low back injury. In deposition, she disclosed one prior MVA with chiropractic treatment limited to 3-5 visits as a precaution. She also denied any previous lumbar MRIs. In discovery, evidence of extensive chiropractic treatment with persistent low back and SI joint complaints and a lumbar MRI following the MVA 10 years earlier was secured. Additional records were discovered showing even more... View More
Manso v. Southeast Personnel Leasing / Packard
HR Law Cases
(Fla.1st DCA 11/2/22) (Bill Rogner) The Claimant’s Petition for Writ of Certiorari was denied. The E/C utilized a peer review physician.  They then sought an IME.  The Claimant sought to quash the Order compelling the IME via a Petition for Writ of Certiorari.  The Claimant argued the E/C was seeking an alternate IME.  However, the E/C was only seeking an initial IME.  Click here to view Order View More
Tyler v. Good Wheels, Inc. / PMA Insurance Group
HR Law Cases
JCC Weiss (Ft. Myers) (Derrick Cox) (11-2-2022)– Granted E/C’s Motion to Appoint EMA.  The JCC found there was a dispute over the need for a total knee replacement surgery between Dr. Markovich and Dr. Mehalik.  The JCC appointed Dr. Ellowitz as the EMA.  Click here to view Order View More