Resources

JCC Clark (Ft. Myers) (Scott Miller)(4-13-22) – Denied compensability of claimant’s accident finding the accident did not arise out of the claimant’s employment. While there were various “inconsistent, incomplete and…confusing” descriptions of the claimant’s accident in the medical records, the JCC accepted the description of accident the claimant provided at deposition and at final hearing, which was that he injured his low back while standing up from the kneeling position after baiting a rat trap. It was not in dispute... View More

DSK Group, Inc./Zurich v. Hernandez, ___ So.3d____ (Fla. 1st DCA 4/27/22)Compensability/Going and Coming The DCA reversed the JCC’s decision that the claimant’s MVA and injuries were compensable. The claimant argued he was a traveling employee and thus not subject to the going and coming rule. The JCC disagreed, but found the claimant’s travel from job to job, even though he was required to clock in and clock out on his phone as an hourly employee, rendered the accident compensable as he... View More

JCC Pitts (Orlando)(Anthony Amelio)(3-23-22) – Denied the Claimant’s Motion For Summary Final Order. The JCC reasoned that the claimant has the initial burden to establish reasonableness, medical necessity, and compensability of the requested medical treatment. However, the only attachment to the claimant’s motion were hearsay medical reports from an unauthorized doctor, where the doctor requested additional testing related to the body part in question, which was not a sufficient basis for granting the Motion For Summary Final Order.  Click here... View More