Resources

JCC Grindal (Sarasota) (Jonathan Cooley)(6-6-22) – Denied authorization of orthopedic evaluation.  The claimant’s compensable accident involved falling forward onto her outstretched arms, resulting in injuries to her chest, right knee, left knee and lip.  Nineteen days later, the claimant complained of right shoulder pain.  She admitted to a prior injury to the right arm in 2011 which had since resolved.  The parties agreed to admit the records from the treating physician who requested authorization to treat the right shoulder but... View More

JCC Hedler – (West Palm Beach)(Andy Borah)(6-1-22) – Denied all benefits based on misrepresentation. The claimant testified at deposition and told her prior attorney that she did not appear for a state mediation for a variety of reasons, all of which she later admitted at final hearing were not correct. At final hearing, the claimant testified she did not appear for the mediation because she forgot. The JCC found the prior reasons the claimant gave for missing the mediation were... View More

JCC Sojourner (Orlando) (Rex Hurley)(5-12-22) – Denied all benefits.  The claimant was employed by the fire department for 19 years. In 2004, he was diagnosed with compensable hypertension. Fast forward to 2021, the authorized provider refused to refill the claimant’s medication without an appointment, but the claimant could not secure an appointment for several months. A week before the follow-up, the claimant was taken to the hospital with elevated blood pressure. The claimant’s IME, E/C’s IME and authorized provider indicated... View More

Updated 5-27-22 Guerera v. Becton Dickinson Co./Sedgwick, ___ So.3d___ (Fla. 1st DCA 5/4/22)Attorney Fees/Benefits Obtained The JCC denied entitlement to E/C-paid attorney fees asserted to be owed for P&I on IBs, and for an increase in the AWW. The DCA affirmed as to the P&I fee issue but reversed as to the fee denial for the AWW increase. The JCC found “no actual or real benefit was secured” since the claimant was at the Maximum Compensation Rate. However, the DCA found... View More