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Blanco v. Duke Energy / Sedgwick CMS
HR Law Cases
JCC Young (St. Petersburg) – Granted  EMA – (Scott Miller)(10-20-21) – The claimant raised a Daubert objection to E/C’s IME.  The JCC overruled claimant’s Daubert objection, which results in a conflict in medical opinion resulting in appointment of an EMA. Click here to view Order View More
Westry v. YRC / Sedgwick CMS
HR Law Cases
JCC Hedler (West Palm Beach) – (Brian Ricotta/Scott Miller)(10-19-21) –  Awarded Fee Entitlement and determined amount.  The JCC found entitlement for payment of a medical bill where the Carrier’s Response to the PFB stated “[t]he statement received attached to the Petition was returned to the provider to bill Sedgwick on the proper form and supply medical records for consideration.”  The JCC found this statement to be ambiguous noting the wording “for consideration” implied that there would be an investigation or... View More
Vellucci v. Frank Crum / Broadspire Services, Inc.
HR Law Cases
JCC Weiss (Ft. Myers) – (Jonathan Cooley)(10-18-21) – Denied reimbursement to claimant, granting closed period of TTD/TPD.  Claimant was unrepresented at final hearing seeking indemnity benefits and reimbursement for glasses.  At hearing, a payout showed a payment to the claimant which the E/C argued for was glasses made in June of 2020 and the claimant admitted his wife handled finances and he probably did receive the money for the glasses.  The JCC rejected the E/C’s argument the indemnity claims were... View More
Smith v. Timothy Rose Contracting / Starstone
HR Law Cases
JCC Dietz (Sebastian/Melbourne)(Greg White)(10-14-21): Denied defense of misrepresentation and declination of taking a drug test, denied payment of past medical care, granted TPD from 2/3/2, and granted authorization of Flexeril, Ibuprofen and an orthopedist. The claimant was injured when a saw he was using struck him in the chest. He was cut, but no medical treatment was authorized by the employer. He went home, cleaned up and returned to work. He denied refusing a drug test.  He ultimately went on... View More
Alvarez v. Ally HR d/b/a/ Matrix One Source / CCMSI / Zurich
HR Law Cases
JCC Weiss (Ft. Myers) (Tim Stanton)(10-6-21)) – Denied attorney fee entitlement. The claimant’s attorney argued fee entitlement for multiple petitions. Prior to the hearing, the E/C stipulated to fees for two PFBs but argued no entitlement for the remaining PFBs. First, the claimant’s attorney argued that he was entitled to a fee for a request for a PCP. The E/C previously authorized MD Now, who transferred care to an orthopedic, and Dr. Rosabal was authorized. The claimant subsequently filed a... View More
Taveras v. Valls Group, Inc. / MEMIC
HR Law Cases
JCC Havers (Miami) (Kate Albin)(9-17-21) – Denied all pending claims with prejudice. The claimant worked for the employer for approximately 10 years as a food packer up until her alleged work accident of November 27, 2018, which alleged a repetitive trauma injury to her low back caused by heavy lifting and bending while performing her job duties. The E/C denied compensability of the injury. The claimant was deposed multiple times and testified that she had been to the hospital on... View More