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Case Law Update October 2022
Case Law Updates
Updated 11-1-22 Bonhomme v. Staff Team Hotels/Frank Winston Crum Ins., ___ So.3d ___(Fla. 1st DCA 10/12/2022)Compensability/Notice (Rogers Turner / trial & Bill Rogner / appeal) – Oral Argument at 12/21 WCCI Comp ConferenceIn a 13-page Opinion, the DCA affirmed the JCC’s denial of compensability, and found they could affirm on a lack of timely notice, as well as the claimant’s failure to sustain his burden to provide evidence of causation or injury. The claimant alleged injury at work while lifting... View More
Bonhomme v. Staff Team Hotels Corp / Frank Winston Crum Ins.
HR Law Cases
___ So.3d ___(Fla. 1st DCA 10/12/2022) Compensability/Notice (Rogers Turner / trial & Bill Rogner / appeal) – Oral Argument at 12/21 WCCI Comp Conference In a 13-page Opinion, the DCA affirmed the JCC’s denial of compensability, and found they could affirm on a lack of timely notice, as well as the claimant’s failure to sustain his burden to provide evidence of causation or injury. The claimant alleged injury at work while lifting mattresses. However, ER visits over the ensuing several... View More
Shenefield v. Consulate Health Care LLC / XL Insurance Company / Alternative Service Concepts
HR Law Cases
JCC Massey (Tampa) (Paul Terlizzese) (10-7-22) – Denied TTD/TPD, penalties and interest – The claimant sustained a compensable 2019 right hip fracture.  Post-surgery, the claimant fell and had a compensable left humerus fracture.  The claimant treated and was eventually placed at overall MMI in March 2021 with a 10% PIR.  Based on continued complaints of pain, she was referred to an upper extremity surgeon in 2022.  In June 2022, the shoulder surgeon (Donaldson) saw the claimant and discussed surgery and... View More
Rascher v. Brinks, Inc. / Arch / Gallagher Bassett
HR Law Cases
JCC Almeyda (Miami) (Rex Hurley) (10-6-22) – Denied $2,000.00 advance.  The claimant sought a $2,000.00 advance. She testified as to her finances and alleged she was 2 months behind in her bills. She said she had not worked since the accident. However, on cross-examination, she admitted that on several occasions, the Employer had asked her to return.  She did not have answer as to why she never responded to the Employer.  The JCC denied the request for $2,000.00 but did... View More