Resources

 JCC Hedler (West Palm Beach)(Tony Amelio)(2-28-22) – Granted the E/C’s Motion to Amend Pretrial Stipulation.  The E/C sought to add a new defense, misrepresentation, based on use of a false social security number in the Claimant’s recorded statement.  The JCC allowed the amendment as the basis for the defense was discovered in a records custodian deposition conducted after the initial Pretrial Stipulation was completed.  Click here to view Order  View More

Compensability/Arising Out Of(Jamey Rodgers/Bill Rogner)(2-21-22) The DCA reversed and remanded the JCC’s Order denying compensability. The claimant did not know why she fell at work. The JCC’s denial tracked Valcourt’s analysis and denied benefits,  finding “an accident is compensable under Valcourt only if the employment necessarily exposed the claimant to conditions that would substantially contribute to the risk of injury to which the Claimant would not normally be exposed during her non-employment life.” The DCA found that Valcourt’s  increased hazard analysis... View More

JCC Clark (Ft. Myers) (Greg White)(2-21-22) – Amended award of costs to the E/C. The JCC previously awarded taxable costs to the E/C, but the claimant filed a motion for rehearing as to a few specific charges considered to be excessive, irrelevant and unrelated. After rehearing, the JCC reduced court reporter costs related to a doctor deposition – finance charges, condensed transcript, transcript technology package and transcript handling & processing. The JCC also struck the costs related to the claimant... View More

JCC Newman (Tallahassee) (Matt Bennett) (2-21-22)– Granted motion to enforce settlement. The parties reached a settlement agreement via email, including the requirement that the claimant sign a general release and resignation, but the claimant refused to sign the documents because she did not want to resign from her job. The JCC found that the claimant’s breach made part of the settlement voidable, but not void. The E/C agreed to move forward despite the refusal to sign the resignation and release. ... View More

JCC Havers (Miami) (Andy Borah)(2-9-22) – Granted Motion for Summary Final Order.  The JCC agreed with the E/C that the claimant had no standing and the JCC had no jurisdiction over the MRI claim since the E/C accepted financial responsibility over same.      Click here to view Order View More

JCC Andersen (Sebastian/Melbourne) (Paul Terlizzese)(2-7-22)– Denied treatment to lumbar spine.  Compensable claim in which the claimant was ultimately diagnosed with spondylolistheses (pre- existing with aggravation from the accident). The JCC held that the 120-day rule did not apply as the E/C never denied compensability and there was no evidence the accident-induced lumbar condition was ever controverted. Further, such acceptance and authorization did not preclude the E/C from later challenging the causal relationship between further treatment and the work injury. No... View More