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Schmidt v. Holiday Beach Rentals, Inc. / Amerisure
HR Law Cases
JCC Walker (Pensacola) (Matt Bennett) (7-1-2024) – Denied TPD benefits due to claimant not meeting her initial burden of demonstrating a causal connection between the compensable injury and the subsequent loss of income.  The claimant had returned to work post-accident with her restrictions accommodated.  However, the claimant’s attendance was “not good,” and she missed a lot of work and left work early many times.  She ended up losing her job as a result of poor attendance.  If not for the... View More
Ledezma v. GWR Distributors, LLC / MEMIC
HR Law Cases
JCC Clark (Ft. Myers) (Andy Borah) (6-5-24) –  On rehearing, JCC denied requests for TTD/TPD, penalties and interest. JCC previously entered a Final Compensation Order awarding back TTD/TPD due to E/C increasing claimant’s AWW. E/C filed a Motion to Vacate, which JCC granted, then JCC entered a new Final Compensation Order denying TTD/TPD benefits since parties previously stipulated that claims for TTD/TPD benefits were resolved at mediation. JCC held the pending claim for increase in AWW was resolved in pretrial... View More
Ervin v. David Costa Enterprises, Inc. / Zenith
HR Law Cases
JCC Newman (Tallahassee) (Matt Bennett) (5-17-24) – The claimant’s attorney filed claims for authorization of a psychiatrist and TPD from the date of accident to the present and continuing.   The psychiatrist was authorized about 40 days after the PFB and the E/C conceded fee entitlement.   The E/C also conceded to pay $600.00 in TPD to resolve a few late payments and two weeks of disputed payments prior to the choosing to no longer work the available light duty.  The rest... View More
Bailey v. Evergreen Erosion Services, Inc. / Amtrust
HR Law Cases
JCC Havers (Miami) (Andy Borah) (5-15-24) – Awarded partial attorney fees and costs. The E/C agreed at mediation to compensability of multiple body parts, but not the low back. The E/C stipulated to the claimant’s attorney’s fee entitlement for obtaining compensability of the body parts and medical treatment for such. The claimant’s attorney asserted additional fee entitlement for obtaining compensability of the low back and payment of TPD benefits. The claimant’s attorney retained a fee expert in support of his... View More
Lakatis v. Citrus County Sheriff’s Office / FSRMF
HR Law Cases
JCC Anthony (Tampa) (Rex Hurley) (4-26-24) – Denied indemnity benefits, medical benefits and compensability. The claimant worked as a patrol sergeant for the Citrus County Sheriff’s Office. On April 26, 2023, he was on duty on the treadmill in the department gym when he felt a burning sensation in his chest. He also felt pain the following day at work while helping to unload metal poles. On April 28, 2023, he woke up, got out of bed and felt the same burning... View More
Barros v. Whole Foods Market / Gallagher Bassett
HR Law Cases
JCC Massey (Tampa) (Scott Miller) – (4-26-24) Denied authorization of left knee brace. The claimant injured his left knee on October 5, 2019, when a heavy piece of equipment fell off a table, bounced off the floor and struck the outside of the claimant’s knee. Prior to this accident, the claimant treated with Dr. Sellman for left-knee pain. The claimant underwent an MRI on January 9, 2019, which showed an MCL strain, mild osteoarthritis, chondromalacia patella and joint effusion. Following the... View More