Resources

JCC Andersen (Sebastian/Melbourne) (Paul Terlizzese)(2-7-22)– Denied treatment to lumbar spine.  Compensable claim in which the claimant was ultimately diagnosed with spondylolistheses (pre- existing with aggravation from the accident). The JCC held that the 120-day rule did not apply as the E/C never denied compensability and there was no evidence the accident-induced lumbar condition was ever controverted. Further, such acceptance and authorization did not preclude the E/C from later challenging the causal relationship between further treatment and the work injury. No... View More

JCC Ring (Fort Lauderdale) (Derrick Cox)(1-28-22)  – Denied PTSD claim.  While working light duty at the fire station, the claimant experienced shortness of breath and broke down crying after observing videos and pictures depicting fire rescues. The JCC held that the events from the date of accident did not match any of the 11 listed events that are qualifying events for compensability of PTSD under 12.1815(5). Further, the JCC rejected the claimant’s argument that the other sections of 12.1815 should... View More

JCC Clark (Fort Myers)(Greg White)(2-1-22) – Awarded E/C costs of  $1,690.20 out of $2,040.20 sought by the E/C. The claimant’s attorney filed two PFBs and later filed notices of resolution for both, thereby not pursuing two other benefits that were on the petition. The E/C argued that the claimant abandoned her claims for the aforementioned benefits by filing the NOR and, thereby making the E/C the prevailing party on those issues. The JCC distinguished between entitlement to costs vs. entitlement to... View More

JCC Lewis (Fort Laud) (Greg White)(1-25-22) – Granted E/C’s Motion for Summary Final Order and denied request for one-time change. The claimant filed Petitions requesting a one-time change on 8/24/2021 and 9/3/2021. The JCC previously issued a final compensation Order on 9/3/2021 finding that the industrial accident was no longer the MCC of the need for medical care and that further treatment was not medically necessary due to the work accident, as of 12/14/2020. Accordingly, the JCC held that the... View More

JCC Dietz (Sebastian) (Paul Terlizzese)(12-29-21) – Denied Medical Benefits. The claimant sought authorization of lumbar facet injections as recommended by his IME Dr. Krost as well as a lumbar fusion as recommended by authorized physician, Dr. Popp.  The E/C asserted a number of defenses including medical necessity, major contributing cause and apportionment.  EMA Dr. Lenard opined that there was no objective sign of any lumbar injury related to the work accident, that no more lumbar injections were reasonable, medically necessary... View More

JCC Stephenson (West Palm Beach)(Tony Amelio)(12-22-21) – Denied NCM non-party’s motion for sanctions for attorneys’ fees/granted the non-party’s motion for costs to be paid by the claimant. The NCM claimed the claimant was engaging in abusive discovery practices over the course of three years where depositions were set, reset and then cancelled, followed by motions to compel, in-camera inspections, etc. The JCC found that although the claimant’s actions and discovery tactics were very aggravating, they did not rise to abusive... View More