Resources

JCC Case – West Palm Beach – (Paul Terlizzese) (8-19-22) – Denied authorization of left knee MRI.  The JCC found the need for the left knee MRI was due to a subsequent intervening accident at home.  The claimant’s IME, Dr. Elkhechen, opined the claimant’s knee gave way due to her work injury causing her subsequent fall.  The JCC accepted the opinion of the authorized treating physician, Dr. Lazarus, over the opinion of Dr. Elkhechen.  Dr. Lazarus opined the claimant’s knee... View More

(Florida 1st DCA July 13, 2022)   Death Benefits/Dependency Bill Rogner The First DCA affirmed the JCC’s denial of death benefits to the mother of deceased 16-year-old son who drowned on his first day of work. The 16-year-old had a permanent learning disability, received SSI benefits and had never worked a day in his life prior to the IA. The claimant argued that she qualified for death benefits under 440.16(1)(b) as she and her other children depended upon her 16-year-old’s... View More

JCC Kerr (Miami)(Paul Terlizzese )(6-16-22) – Denied  Verified Petition for Fees and Costs  with prejudice because the statute of limitations had expired on any claims for  attorney’s fees and costs, as well as any claims for  benefits.   Click here to view Order View More

JCC Kerr (Miami) (Andy Borah)(6-20-22) – Denied claims for compensability, TTD/TPD, authorization of medical care and PICA under the going and coming rule. The claimant worked as a valet and was driving to work up a driveway ramp into the employer’s parking garage on her scooter when the claimant was forced to swerve to avoid being struck by a delivery van reversing out of the other driveway lane, which operated as a receiving area for delivery drivers. The claimant alleged... View More

JCC Grindal (Sarasota) (Jonathan Cooley)(6-6-22) – Denied authorization of orthopedic evaluation.  The claimant’s compensable accident involved falling forward onto her outstretched arms, resulting in injuries to her chest, right knee, left knee and lip.  Nineteen days later, the claimant complained of right shoulder pain.  She admitted to a prior injury to the right arm in 2011 which had since resolved.  The parties agreed to admit the records from the treating physician who requested authorization to treat the right shoulder but... View More

JCC Hedler – (West Palm Beach)(Andy Borah)(6-1-22) – Denied all benefits based on misrepresentation. The claimant testified at deposition and told her prior attorney that she did not appear for a state mediation for a variety of reasons, all of which she later admitted at final hearing were not correct. At final hearing, the claimant testified she did not appear for the mediation because she forgot. The JCC found the prior reasons the claimant gave for missing the mediation were... View More