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Gil v. Penguin Hotel Management / Associated Industries Insurance Company / Amtrust
HR Law Cases
JCC Medina-Shore (Miami-Dade) (Andy Borah) (2-21-23) – Denied follow-up appointment. Dr. Rajadhyaksha treated the claimant for a compression fracture of the T12 level. After the fracture healed, he opined the industrial injury was no longer the MCC of her complaints and need for continued treatment and told her to follow up with her personal physician for her degenerative spinal arthritic condition. Dr. Langone, the claimant’s IME, opined that the support mechanism of the thoracic cage was altered and the claimant... View More
Case Law Update February 2023
Case Law Updates
Updated 2-27-23 Lange v. Cleveland Clinic et al/Commercial Risk,___ So.3d ___(Fla.1st DCA 2/22/2023) – Notice  DefenseIn a very short opinion, the DCA found competent, substantial evidence supported the JCC’s finding that the claimant did not provide timely notice of her injury, citing to the recent HR Law case of Bonhomme v. Staff Team Hotels, Corp., 348 So. 3d 614, 619–21 (Fla. 1st DCA 2022).  Click here to view Opinion  View More
Ponce v. NSPIRE Healthcare Kendall / XL Specialty Insurance Company
HR Law Cases
JCC Kerr (Miami)(Paul Terlizzese) (2-9-23)- Denied claimant’s motion for advance. The JCC found the claimant had no work restrictions from an authorized treating physician. While the claimant no longer worked for the employer, she failed to prove that this was a result of the industrial injury as she testified that she intended to look for part-time work in lieu of her employment even before the accident. The claimant failed to show she was behind in her monthly bills. The JCC... View More