Resources

JCC Hedler (West Palm Beach) (Amy Ritchey)(11-3-22) – Denied Claimant’s Motion for $2,000.00 Advance. JCC determined that the Claimant failed to present sufficient evidence to show that $2,000, as opposed to something less than that, was appropriate. The Claimant failed to establish his burden as to the second prong of adequate justification.   Click here to view Order View More

JCC Johnsen (West Palm Beach)(Scott Miller) (10-21-22)– Denied all benefits based on claimant’s misrepresentations.  The claimant’s accident was accepted as compensable with benefits provided for over two years amounting to just under $47,000 paid out before the E/C denied the claim asserting a misrepresentation defense.  The JCC found that the claimant was not credible and provided false information to the E/C in deposition and to authorized providers for the purpose of securing workers’ compensation benefits.  Specifically, the claimant could not... View More

JCC Sancerni (Orlando) (Rex Hurley/Tim Stanton)(10-19-22) – Denied entire claim based on SOL. The Claimant, a first responder, was hospitalized overnight with a rapid heart rate on 9/9/2018. She notified her supervisor and missed one day of work. The Claimant thought her supervisor told HR. The Claimant admitted a general understanding of the heart and lung bill but denied knowledge of the statute of limitations in September 2018. The Claimant contacted HR in March 2020 to confirm record of her... View More

___ So.3d ___(Fla. 1st DCA 10/12/2022) Compensability/Notice (Rogers Turner / trial & Bill Rogner / appeal) – Oral Argument at 12/21 WCCI Comp Conference In a 13-page Opinion, the DCA affirmed the JCC’s denial of compensability, and found they could affirm on a lack of timely notice, as well as the claimant’s failure to sustain his burden to provide evidence of causation or injury. The claimant alleged injury at work while lifting mattresses. However, ER visits over the ensuing several... View More

JCC Massey (Tampa) (Paul Terlizzese) (10-7-22) – Denied TTD/TPD, penalties and interest – The claimant sustained a compensable 2019 right hip fracture.  Post-surgery, the claimant fell and had a compensable left humerus fracture.  The claimant treated and was eventually placed at overall MMI in March 2021 with a 10% PIR.  Based on continued complaints of pain, she was referred to an upper extremity surgeon in 2022.  In June 2022, the shoulder surgeon (Donaldson) saw the claimant and discussed surgery and... View More

JCC Almeyda (Miami) (Rex Hurley) (10-6-22) – Denied $2,000.00 advance.  The claimant sought a $2,000.00 advance. She testified as to her finances and alleged she was 2 months behind in her bills. She said she had not worked since the accident. However, on cross-examination, she admitted that on several occasions, the Employer had asked her to return.  She did not have answer as to why she never responded to the Employer.  The JCC denied the request for $2,000.00 but did... View More