Resources

JCC Ring (Ft. Lauderdale)(Kate Albin)(10-2-2020) – Awarded attorney fees.  The E/C timely responded that a hand specialist “will be provided,” but the appointment was not scheduled until approximately six weeks after the PFB was filed. The claimant attorney argued she expended 12.7 hours and should be compensated at $350 per hour. The JCC accepted the E/C’s position that 10.5 hours were reasonably expended, and accepted their position that as the work was performed in 2009/2010, the hourly rate should reflect that... View More

JCC Kerr (Miami)(Andy Borah)(9-21-2020) – Denied attendant care.  Following her accident and release from inpatient rehab, the claimant was provided with 24 hour a day care.  Over time, the claimant’s attendant care was reduced and eventually terminated.  The claimant was placed at MMI by Dr. Jacobs on 11/28/2018 and assigned an 18% PPI rating to the body as a whole.  On 6/24/2019, Dr. Jacobs prescribed attendant care four hours a day five days a week and the Carrier provided the... View More

MCC / Burden of Proof Scott Miller / Bill Rogner The DCA reversed the JCC’s finding that the claimant failed to prove his 2004 workplace accident was the MCC of lumbar spine treatment recommended in 2018. Claimant began working with the employer in 1991. In 2004, the E/C authorized orthopedist Dr. Cohen to evaluate the lumbar spine. Later that year, the lumbar spine injury was consolidated with two other injuries with the employer.  By 2014, a new servicing agent took... View More

JCC Forte (Ft. Lauderdale) – (Andy Borah)(9-3-2020). Granted E/C’s Motion for Sanctions. The claimant’s attorney filed a PFB for reimbursement of mileage of $1.11 and attorney’s fees and costs. The claimant’s attorney faxed a good faith request to the E/C on July 3, 2020 and filed the PFB five hours later. The JCC determined that faxing a good faith request to an office closed in observance of a national holiday did not meet the statutory requirements of good faith.  The... View More

JCC Almeyda –(Miami)(Paul Terlizzese)(8-24-2020)– Denied misrepresentation defense and denied TPD.  The claimant reported injuries to the knee and upper extremities, and only later her back. She had been involved in seven prior MVAs, but only recalled two.  EMA Dr. Hodor evaluated the claimant. Although he found the claimant had restrictions during the period in question, the JCC found the claimant had worked light duty with the employer, later abandoned her employment with no further contact, and that the employer continues... View More

JCC Newman (Tallahassee)(Matt Bennett)(8-13-2020) TPD denied. Claimant was a CNA at a nursing home and sustained compensable injuries. Work restrictions were imposed by the authorized orthopedic. The Employer offered a sedentary position as a “resident monitor” within the restrictions imposed by the authorized orthopedic. The claimant returned to work in the modified position but alleged difficulties with the position and began leaving early, calling out and ultimately failed  to continue reporting for work. As a resident monitor, the claimant was... View More