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Elias v. YRC Freight-Miami and YRC Worldwide / Sedgwick CMS
HR Law Cases
JCC Medina-Shore (Miami)(Scott B. Miller)(6.22.2020) – Denied compensability based on running of SOL.  The JCC found Claimant’s PFB was not filed until more than two years after the expiration of the SOL. Factors taken into consideration of expiration of the SOL included notice of the SOL via informational brochure, last payment of indemnity benefits, and last medical benefit paid.  Claimant alleged the E/C were estopped from asserting the SOL under multiple theories.  First, Claimant argued that an administrative order had... View More
O’Connor v. Consulate Health Care/Gallagher Bassett Services, Inc.
HR Law Cases
JCC Weiss (Ft. Myers)(Paul T. Terlizzese)(6.18.2020)—Denied claims for continued treatment.  The E/C accepted a thoracic and lumbar strain.  Dr. Tucci (pain management) placed the claimant at MMI on 1/6/14 with a 0% and full duty release.  Dr. Moyer (neurosurgeon) evaluated her on 7/18/14 and referred her to Dr. Valente for injections.  Dr. Valente administered injections and deferred recommendations and MMI to Dr. Moyer.  Dr. Moyer recommended surgery for a herniation at L6-S1 on 7/17/15 for which the claimant was indecisive. ... View More
Sandifort v. Akers Custom Homes, Inc./Amerisure Insurance
HR Law Cases
JCC Sojourner (Orlando)(Bill Rogner)(6.11.2020) – Denied death benefits.  The sole question was whether the deceased worker’s mother and her minor children were dependents of the deceased employee.  One of the factors in determining dependency is whether the decedent was able to support himself in addition to supporting others.  At the time of death, the decedent was 16 years old and was receiving SSI benefits, but these benefits were used by his mother to help support the family.  The claimant was... View More
Ellington v. Health Services of Ocoee, LLC/Premier Group
HR Law Cases
W. Rogers Turner, Jr. and Bill Rogner  The DCA affirmed JCC Sojourner’s Order which found that “…the EC is correct and no further care and treatment for the left upper extremity is warranted as the accident of July 19, 2017 is not the MCC of the claimant’s current need for treatment.” Click Here to View Opinion  View More
Taylor v. JC Carpentry / Frank Winston Crum Insurance
HR Law Cases
JCC Walker (Panama City Beach) (Paul Luger)(4.21.2020) – Granted E/C Summary Final Order. Denied/dismissed PFB with prejudice. The JCC found the evidence submitted showed that the PEO never provided WC coverage to the employer, and that the claimant never received wages nor was an employee of the PEO. As the carrier never provided coverage to the claimant, the PEO/Carrier were entitled to be dismissed from the litigation.Click Here to View Order  View More