Resources

JCC Sojourner (Orlando) (Rex Hurley)(5-12-22) – Denied all benefits.  The claimant was employed by the fire department for 19 years. In 2004, he was diagnosed with compensable hypertension. Fast forward to 2021, the authorized provider refused to refill the claimant’s medication without an appointment, but the claimant could not secure an appointment for several months. A week before the follow-up, the claimant was taken to the hospital with elevated blood pressure. The claimant’s IME, E/C’s IME and authorized provider indicated... View More

JCC Clark (Ft. Myers) (Scott Miller)(4-13-22) – Denied compensability of claimant’s accident finding the accident did not arise out of the claimant’s employment. While there were various “inconsistent, incomplete and…confusing” descriptions of the claimant’s accident in the medical records, the JCC accepted the description of accident the claimant provided at deposition and at final hearing, which was that he injured his low back while standing up from the kneeling position after baiting a rat trap. It was not in dispute... View More

JCC Pitts (Orlando)(Anthony Amelio)(3-23-22) – Denied the Claimant’s Motion For Summary Final Order. The JCC reasoned that the claimant has the initial burden to establish reasonableness, medical necessity, and compensability of the requested medical treatment. However, the only attachment to the claimant’s motion were hearsay medical reports from an unauthorized doctor, where the doctor requested additional testing related to the body part in question, which was not a sufficient basis for granting the Motion For Summary Final Order.  Click here... View More

JCC Stephenson (West Palm Beach) (Derrick Cox) (3-16-22)– Denied PTD –  The 45-year-old claimant had 1 ½ years of college and is tri-lingual.  Following her accident, in which she injured her low back, hip and knee, she returned, working the same job and hours until the employer’s facility closed.   She testified she submitted over 40 job applications.  The claimant’s voc expert (Adato), testified that relying upon authorized Dr. Eskenazi and E/C IME Laux’s opinions, the claimant could return to sedentary... View More

JCC Havers (Miami) (Andy Borah)(3-29-22) – Denied change of physician –  The E/C authorized Dr. Tony Diaz to treat the shoulder and elbow, but Diaz recommended a transfer of care of the right elbow to his associate Dr. Easterling, after which Dr. Diaz only treated the shoulder.  The E/C authorized Dr. Easterling who ultimately operated on the claimant’s right elbow.  Following  a one-time change request from Dr. Diaz to Dr. Hodor, the E/C responded the next day authorizing Dr. Keyes to... View More

JCC Sojourner (Orlando) (Bill Rogner)(3-16-22) – Denied lumbar surgery –  The claimant had multiple prior accidents with the same employer, including two to the lumbar spine.  Claimant’s authorized doctor (Broom) and one time change (Patel) opined the claimant had a sprain/strain which exacerbated her pre-existing conditions.  Claimant’s current doctor (Razak) recommended surgery due to the pre-existing degenerative findings, which he opined were the MCC. Claimant asserted the E/C  accepted the pre-existing conditions under the 120-day pay and investigate provision of... View More