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Barnes v. S2 HR Group, LLC, dba Engage PEO
HR Law Cases
JCC Forte (Fort Lauderdale)(Kate Albin) (8-12-2020) E/C awarded costs after prevailing at trial. E/C sought $4,329.71 in costs. The claimant objected to several costs. The JCC struck only three charges, the pre-IME conference which she determined was not taxable, and copy costs for two sets of medical records which were relevant in the case but not ultimately to the defense of the case. The JCC awarded $3,591.78 to the E/C. Click here  to view Order View More
Davila v. FrankCrum 8, Inc. / Frank Winston Crum Insurance and Broadspire
HR Law Cases
JCC Ring (Ft. Lauderdale) (Paul Luger)(8-6-2020) – Denied compensability and all requested benefits.  The claimant alleged exposure to cold temperatures at work caused a host of injuries. The PFBs alleged compensability due to repetitive exposure, but at final hearing, the claimant suggested for the first time that there was an isolated accident at work,  in an effort to mold the facts to fit what little evidence was present.  Numerous employer representatives testified that the claimant changed a light or two... View More
Jones v. Cemex Construction Materials Florida, LLC / Gallagher Bassett Services
HR Law Cases
JCC Hedler (West Palm Beach) (Scott Miller)(8-5-2020) – Order Denying TPD benefits.  The claimant sought TPD for a closed period which the E/C denied asserting the claimant had reached overall MMI.  The claimant’s only evidence to support an argument the claimant was not at overall MMI was based on a medical questionnaire from an authorized physician which the doctor contradicted days after signing and did not support in deposition.  The JCC denied TPD based on evidence from the authorized physicians... View More
Vargas-Cabrera v. Standard Pacific of Florida G.P., Inc. dba CalAtlantic Homes (Lennar) / Broadspire (E/C #2)
HR Law Cases
JCC Dietz (Sebastian) (Derrick Cox for E/C #2) (7-15-2020) – In a bifurcated trial to determine employer/employee relationship, the JCC determined the claimant was an employee of E/C #1, of three prospective employers. The JCC accepted the testimony of the foreman and sole witness for E/C #1 that the claimant was hired and in the course and scope of employment when he fell off a ladder, sustaining serious injuries. Further, the JCC found initial payment of prescriptions, as well as... View More
Ossa v. Colour Republic, LLC and AmTrust North America of Florida
HR Law Cases
JCC Medina-Shore (Miami)(Evan  Heffner)(6-23-2020)– Awarded E/C prevailing party costs. The JCC dismissed Claimant’s PFBs following a final hearing, and the E/C sought to recover taxable costs as the prevailing party.  The Claimant argued that E/C’s motion to tax costs was untimely.  However, the JCC found no applicable statutory time limit for seeking taxable costs. Click here to review order View More
Pasquet v. Taylor McKensie Developers, LLC / Frank Winston Crum Insurance
HR Law Cases
JCC Ring (Ft. Lauderdale) (Paul Luger)(6.22.2020)Granted Motion for Summary Final Order.  The JCC considered the affidavits and evidence presented, and found there was no dispute that on the date, the claimant had not been accepted as an employee of the employee leasing company, and thus all claims against the leasing company and their carrier were dismissed.  Click here to review order View More