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JCC Weiss (Ft. Myers) – (Jonathan Cooley)(10-18-21) – Denied reimbursement to claimant, granting closed period of TTD/TPD.  Claimant was unrepresented at final hearing seeking indemnity benefits and reimbursement for glasses.  At hearing, a payout showed a payment to the claimant which the E/C argued for was glasses made in June of 2020 and the claimant admitted his wife handled finances and he probably did receive the money for the glasses.  The JCC rejected the E/C’s argument the indemnity claims were... View More

JCC Dietz (Sebastian/Melbourne)(Greg White)(10-14-21): Denied defense of misrepresentation and declination of taking a drug test, denied payment of past medical care, granted TPD from 2/3/2, and granted authorization of Flexeril, Ibuprofen and an orthopedist. The claimant was injured when a saw he was using struck him in the chest. He was cut, but no medical treatment was authorized by the employer. He went home, cleaned up and returned to work. He denied refusing a drug test.  He ultimately went on... View More

JCC Weiss (Ft. Myers) (Tim Stanton)(10-6-21)) – Denied attorney fee entitlement. The claimant’s attorney argued fee entitlement for multiple petitions. Prior to the hearing, the E/C stipulated to fees for two PFBs but argued no entitlement for the remaining PFBs. First, the claimant’s attorney argued that he was entitled to a fee for a request for a PCP. The E/C previously authorized MD Now, who transferred care to an orthopedic, and Dr. Rosabal was authorized. The claimant subsequently filed a... View More

JCC Havers (Miami) (Kate Albin)(9-17-21) – Denied all pending claims with prejudice. The claimant worked for the employer for approximately 10 years as a food packer up until her alleged work accident of November 27, 2018, which alleged a repetitive trauma injury to her low back caused by heavy lifting and bending while performing her job duties. The E/C denied compensability of the injury. The claimant was deposed multiple times and testified that she had been to the hospital on... View More

JCC Weiss (Ft. Myers) (Greg White)(9-22-21) – Granted E/C’s Verified Motion to Tax Costs. The JCC determined that the E/C was the prevailing party after successfully litigating the claim for a follow-up appointment with a psychiatrist in the claimant’s new locale. After reviewing the E/C’s motion, the JCC held that the E/C was entitled to the entirety of its request for reimbursement of taxable costs associated with the taking of the adjuster deposition and supplemental claimant deposition. The JCC ordered... View More

(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