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JCC Lewis (Fort Lauderdale) (Kate Albin)(12-2-22) Denied all benefits based on no timely notice and MCC.  The Claimant, a CNA, alleged a lifting injury to the low back in January 2022.  She acknowledged that the first time she reported it to a supervisor was April 29, 2022.  The Claimant testified that this was because her back pain went away and she started having leg pain, which she did not realize was related to the back pain.  The judge found that... View More

JCC Weiss (Ft. Myers) (Jonathan Cooley) (11-16-22) – Denied compensability.  Claimant was hired to work on a taco food truck after replying to a help wanted ad posted by “Los Taquitos Mexican Food.” The Claimant was hired by a person named Santos and earned $10 per hour cash; her job duties included cutting meat and making tortillas. On the accident date, the Claimant fell off the truck and broke her hand. The employer Los Taquitos Mexican Food II, LLC was owned... View More

Updated 11-30-22 Manso v. Southeast Personnel Leasing, Inc.,  ___So.3d___(Fla.1st DCA 11/2/22) (Bill Rogner) The E/C utilized a peer review physician.  They then sought an IME.  The Claimant sought to quash the Order compelling the IME via a Petition for Writ of Certiorari.  The Claimant argued the E/C was seeking an alternate IME.  However, the E/C was only seeking an initial IME.  The Claimant’s Petition for Writ of Certiorari was denied.  Click here to view Order Wyatt v. Polk County Board of Commissioners,... View More

JCC Pitts (Orl) (Rogers Turner)(11-8-22) – Denied for misrepresentation of prior medical history. The Claimant had an initially compensable low back injury. In deposition, she disclosed one prior MVA with chiropractic treatment limited to 3-5 visits as a precaution. She also denied any previous lumbar MRIs. In discovery, evidence of extensive chiropractic treatment with persistent low back and SI joint complaints and a lumbar MRI following the MVA 10 years earlier was secured. Additional records were discovered showing even more... View More

(Fla.1st DCA 11/2/22) (Bill Rogner) The Claimant’s Petition for Writ of Certiorari was denied. The E/C utilized a peer review physician.  They then sought an IME.  The Claimant sought to quash the Order compelling the IME via a Petition for Writ of Certiorari.  The Claimant argued the E/C was seeking an alternate IME.  However, the E/C was only seeking an initial IME.  Click here to view Order View More