Resources

JCC Weiss (Fort Myers)(Paul Terlizzese)(5-18-21) – Awarded E/C taxable costs. The claimant did not dispute the E/C was the prevailing party from the June 2020 final hearing. At the final hearing, the claimant sought continued authorization of medical treatment. The E/C argued that the statute of limitations had run on the claim, which the JCC agreed with. The E/C sought $1,362.45. The JCC rejected the claimant’s argument that the adjuster’s affidavit was deficient in that she signed it electronically. The... View More

JCC Almeyda (Miami)(Andy Borah)(5-18-21) – Awarded E/C taxable costs. The E/C sought costs of $3,036.15 and the claimant did not dispute the fact that the E/C prevailed or that costs were incurred but disputed the costs amount. The JCC noted that the E/C’s verified motion only listed the amount of costs but did not attach any supportive documentation on how costs were incurred. The claimant in his response objected to this on the basis that it did not allow him... View More

JCC Ring (Fort Lauderdale)(Andy Borah)(5-13-21) – Denied authorization of return visit to Dr. Steinlauf. The claimant was injured while working as a laborer for the Employer when a jackhammer went through the top of his right shoe, striking the top of his foot. The E/C accepted the Claimant’s accident and resulting injuries as compensable. Dr. Ringler, podiatrist, provided initial treatment on 1/9/17 and diagnosed Claimant as suffering from fractures of the proximal phalanx of toes 2, 3, 4, and 5.... View More

JCC Grindal (Sarasota)(Derrick Cox)(5-10-21) – Granted E/C’s Motion to Tax Costs. A PFB sought a follow-up appointment with authorized physician Dr. Marc Levy. The E/C responded that no further treatment was authorized with Dr. Levy because Dr. Levy had opined that no further neuro-ophthalmological treatment was needed. The E/C attorney testified that the deposition of the claimant and Dr. Levy were conducted in response to the PFB, and that the claimant voluntarily dismissed the PFB. The E/C sought costs for... View More

JCC Jacobs (Miami)(Caitlin Golden)(5-10-21) – Denied Motion for Advance. The claimant sought a $2,000.00 advance to pay for an IME. The E/C denied the advance contending that the claimant refused to work within her restrictions and therefore a causal nexus between the loss of earnings and the accident did not exist. The JCC found that the claimant failed to prove an actual physical impairment and did not reasonably justify her decision to reject the Employer’s job offer. The JCC also... View More

JCC Newman (Tallahassee)(Matt Bennett)(5-6-21) – Denied PTD. The claimant injured her left elbow and shoulder and treated with Dr. Stephens, who eventually placed her on restrictions to include occasional lifting with the left arm up to 10 pounds in 2016. Dr. Stephens testified in 2021 that the claimant would have some functional loss associated with her injury. By 2017 the claimant moved to Pensacola, where Dr. Marshall placed her at MMI on 11/15/17 with a 0% PIR and no permanent work restrictions.... View More