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Updated 3-18-22 Aquino v. American Airlines/Sedgwick,                                                       (Fla. 1st DCA 3/9/22)Compensability/Course and Scope/Coming and Going The DCA affirmed the JCC’s determination that the claimant’s accident/injury was not compensable under the going and coming rule.  As a baggage handler, the claimant alleged his injury occurred after clocking out, walking through the terminal towards a shuttle bus stop and injuring his calf stepping off of a curb. The DCA analyzed the JCC’s application of the going and coming rule, and rejected the... View More

JCC Stephenson (West Palm Beach) (Derrick Cox) (3-16-22)– Denied PTD –  The 45-year-old claimant had 1 ½ years of college and is tri-lingual.  Following her accident, in which she injured her low back, hip and knee, she returned, working the same job and hours until the employer’s facility closed.   She testified she submitted over 40 job applications.  The claimant’s voc expert (Adato), testified that relying upon authorized Dr. Eskenazi and E/C IME Laux’s opinions, the claimant could return to sedentary... View More

JCC Havers (Miami) (Andy Borah)(3-29-22) – Denied change of physician –  The E/C authorized Dr. Tony Diaz to treat the shoulder and elbow, but Diaz recommended a transfer of care of the right elbow to his associate Dr. Easterling, after which Dr. Diaz only treated the shoulder.  The E/C authorized Dr. Easterling who ultimately operated on the claimant’s right elbow.  Following  a one-time change request from Dr. Diaz to Dr. Hodor, the E/C responded the next day authorizing Dr. Keyes to... View More

JCC Sojourner (Orlando) (Bill Rogner)(3-16-22) – Denied lumbar surgery –  The claimant had multiple prior accidents with the same employer, including two to the lumbar spine.  Claimant’s authorized doctor (Broom) and one time change (Patel) opined the claimant had a sprain/strain which exacerbated her pre-existing conditions.  Claimant’s current doctor (Razak) recommended surgery due to the pre-existing degenerative findings, which he opined were the MCC. Claimant asserted the E/C  accepted the pre-existing conditions under the 120-day pay and investigate provision of... View More