Resources

JCC Owens (Port St. Lucie) (Andy Borah)(4-19-21) – Denied the claims for the 6/27/18 and 6/19/19 dates of accident based on misrepresentation and denied the claim for a visit with Dr. Woltz for the 8/17/19 date of accident. Regarding the first two dates of accident, the claimant testified during her deposition that she never had low back problems prior to the 6/27/18 date of accident. The E/C presented evidence of the claimant seeing her family physician on 1/10/19 where she... View More

JCC Young (St. Petersburg) (Scott Miller for the E/C) (4-12-21) – Denied claimant’s request for authorization of gastrointestinal specialist and omeprazole, compensability of gastrointestinal condition, attorney’s fees and costs. The claimant was treating with Dr. Craig Bennet for cervical and shoulder complaints.  After being placed at MMI, the claimant continued to have increased pain with movement and lifting. Dr. Bennett prescribed Mobic and two months later, the claimant returned with complaints of swelling in her feet, legs and her abdomen,... View More

JCC Forte (Miami)(Andy Borah & Kate Albin) (3-30-21) – Denied compensability, indemnity, medical care.  The claimant is a firefighter/paramedic who sought compensability of a heart condition under §112.18(1).  The E/C contended that although the claimant met all the requirements to be afforded the presumption, his condition was systemic sarcoidosis or sarcoidosis that is personal in nature.  Dr. Perloff determined that the claimant had cardiac sarcoidosis and that the cause of the claimant’s cardiac sarcoidosis is systemic sarcoidosis, which is not a... View More

JCC Sojourner (Orlando)(W. Rogers Turner, Jr.)(3-25-21) – Granted E/C Motion to Enforce settlement. The parties agreed to settle. The claimant then refused to sign the paperwork. At hearing, he admitted he gave his attorney authority to settle. He admitted he understood his attorney, and the terms of the agreement. He alleged his attorney pressured him but provided no detail.  The claimant’s attorney testified that there was no pressure to settle and that all terms of the agreement were explained and... View More

Coverage / Coverage by Estoppel Bill Rogner  The claimant was seriously injured on 4/24/17 (ultimately resulting in amputation) on a construction site, where multiple parties were engaged in work.  Ultimately, the JCC determined that the claimant was an employee of Central Florida Siding Pros (CFSP), as subcontractor, and statutorily employed by James Jones Construction, neither of whom had coverage.  The claimant and Jones appealed multiple issues, only one of which the DCA addressed, finding the other issues (included that of... View More

JCC Owens (Port St. Lucie)(Andy Borah)(3-15-21) – Granted Motion to Amend Pretrial to include misrepresentation defense.  Claimant alleged a back injury from her industrial accident.  She testified that she did not remember having any back issues prior to the accident. Claimant’s attorney provided partial records of Dr. Norris to the Employer/Carrier in a Response to Request to Produce.  The claimant objected to the Employer/Carrier’s Notice of Intent to serve a subpoena for records on Dr. Norris.  By the time the... View More