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___ So.3d ___(Fla. 1st DCA 10/12/2022) Compensability/Notice (Rogers Turner / trial & Bill Rogner / appeal) – Oral Argument at 12/21 WCCI Comp Conference In a 13-page Opinion, the DCA affirmed the JCC’s denial of compensability, and found they could affirm on a lack of timely notice, as well as the claimant’s failure to sustain his burden to provide evidence of causation or injury. The claimant alleged injury at work while lifting mattresses. However, ER visits over the ensuing several... View More

JCC Massey (Tampa) (Paul Terlizzese) (10-7-22) – Denied TTD/TPD, penalties and interest – The claimant sustained a compensable 2019 right hip fracture.  Post-surgery, the claimant fell and had a compensable left humerus fracture.  The claimant treated and was eventually placed at overall MMI in March 2021 with a 10% PIR.  Based on continued complaints of pain, she was referred to an upper extremity surgeon in 2022.  In June 2022, the shoulder surgeon (Donaldson) saw the claimant and discussed surgery and... View More

JCC Almeyda (Miami) (Rex Hurley) (10-6-22) – Denied $2,000.00 advance.  The claimant sought a $2,000.00 advance. She testified as to her finances and alleged she was 2 months behind in her bills. She said she had not worked since the accident. However, on cross-examination, she admitted that on several occasions, the Employer had asked her to return.  She did not have answer as to why she never responded to the Employer.  The JCC denied the request for $2,000.00 but did... View More

JCC Walker (Pensacola) (Matt Bennett, Sofia Rogner)(10-4-22) – Awarded E/C’s costs.  The E/C was entitled to taxable costs and sought $15,412.69. The JCC awarded costs of $15,180.44,  excluding only attorney travel expenses.  Click here to view Order View More

October 3, 2022 We know that many of our clients, friends and colleagues are dealing with significant losses from Hurricane Ian and we wish you all the best. We are glad to report that our Fort Myers office survived with minimal damage. There are lingering issues with intermittent internet access in SW Florida, but Jonathan Cooley remains available to answer your questions by telephone or email.  Jonathan would like to thank everyone for all their thoughts and prayers and for checking in during... View More

JCC Medina-Shore (Miami) (Greg White) (9-19-22)– Denied all benefits based on misrepresentation. The claimant had previously been represented for a number of years but was pro se at the hearing. The E/C obtained surveillance of the claimant working at a construction site on separate days in March of 2022. The E/C also obtained bank statements that showed the claimant depositing multiple amounts from a masonry company from 2018 to 2021. The JCC noted the questions under oath regarding work were... View More