Resources

(First District Court of Appeal)(Bill Rogner)(9-8-21) Per Curiam affirmed/no opinion. The claimant appealed the JCC’s denial of compensability. At trial, he argued that going to a doctor two days in a row, getting his eyes dilated, and receiving an eye injection established disability. The claimant chose the first day  for the accident date, but the only thing that occurred on that date was a consult.  The claimant also worked ten hours that day. On Day two (not the accident date)... View More

JCC Dietz (Sebastian/Melbourne)(Gregory White)(9-2-21)– Granted Motion to Enforce Settlement.  Claimant admitted he gave his attorney authority to settle the case as outlined in the Mediation Settlement Agreement, and to sign the Mediation Settlement Agreement on his behalf. Several days later, he changed his mind and wanted more money to settle.  The JCC found the terms of the settlement agreement to be sufficiently specific and reflect assent by all the parties to the essential terms discussed at the mediation.  “Buyer’s remorse”... View More

JCC Forte (Ft. Lauderdale)(Paul Terlizzese)(8-30-21) – Denied TPD.  Claimant underwent spine surgery with Dr. Baynham and was ultimately placed at MMI with a 10% impairment rating and permanent restrictions.  He referred the claimant to Dr. Chaitoff for pain management.  Dr. Chaitoff deferred to Dr. Baynham regarding restrictions but indicated the claimant was not at MMI as he believed that the treatment he had provided or was recommending to be curative and not palliative in nature. The JCC accepted the opinions... View More

JCC Anthony (Tampa)(Andy Borah)(8-20-21) – Denied return visit with authorized provider based upon SOL.  Claimant suffered an injury to his right foot which required the implantation of plates and screws.  The hardware was eventually removed and replaced with new material.  The claimant continued to have custom orthotics and testified that he wore them all the time. The E/C raised a statute of limitations defense and the claimant raised estoppel, asserting that the E/C owed penalties and interest on untimely benefits,... View More

JCC Forte (Fort Lauderdale) (Tony Amelio) (8-10-21)– Denied Compensability. The claimant, a leased employee, alleged that he injured his left arm when he fell from a ladder. The claimant initially reported to Care Sport and reported that he smoked medical marijuana. On this visit, he also reported that he fell off his roof at home, when the accident occurred at work.  Further, he initially refused to submit to a drug test. However, subsequently, 14 days post-accident, he presented for a... View More

JCC Pitts (Orlando) (Bill Rogner)(8-5-21) – Denied compensability for untimely reporting. Claimant was pro se at trial but had been previously represented by counsel. Claimant’s apparently otherwise compensable MVA was not timely reported to the PEO. Claimant owned the client company and, accordingly, signed an employee contract with the PEO as well as a client leasing agreement, both of which required any accident to be reported to the PEO within 30 days and expressly indicated that failure to do so... View More