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Bill Rogner and Andy Borah The DCA affirmed the JCC’s Order finding entitlement to attorney fees and costs. The claimant filed her PFB on 8/22/18 after 5 p.m. After an initial response denied the claim on 8/29/18, the E/C filed a subsequent response on Monday, 9/24/18, rescinding the denial, paying benefits, but denying entitlement to attorney fees. In denying fee entitlement, the E/C relied on Rule 60Q-6.108(1)(e) that the petition was deemed received the next business day (8/23/18) since e-filed... View More

Bill Rogner and Scott Miller The DCA affirmed the JCC’s finding that the five year limit on PTD benefits in F.S.s. 440.15(1)(b) (for claimants whose date of accident occurs on or after their 70th birthday), is a calendar period, and not a bank. Claimant’s injury occurred at age 73. The E/C accepted the claimant as PTD on 5/26/12, and ceased PTD payments exactly five years later on 5/26/17. The claimant argued that the E/C should have reclassified her benefits as... View More

Andrew R. Borah & Kate E. Albin JCC Young (Tampa) – 10-22-19 – Denied all claims by upholding misrepresentation defense. The JCC denied multiple Motions In Limine to exclude the E/C surveillance when Claimant authenticated the surveillance during his direct examination. The JCC also rejected the claimant’s attempt to present “Expert translator testimony” intended to suggest that the claimant’s reports to doctors were not accurately relayed or understood. The JCC found the level of activity reflected in surveillance viewed by... View More

Gregory S. Raub JCC Pitts (Orlando) – (10-18-19) – Denied enforcement of settlement agreement. The parties mediated, and the E/C offered $8,875.00 inclusive. The mediation agreement indicated that the washout would be for $4,875.00, inclusive of attorney’s fees of $975.00 and costs of $462.50. The claimant would be paid an additional $1,000.00 in past indemnity, with the claimant attorney receiving a $3,000.00 fee. The agreement stated the claimant attorney had his client’s authority to settle. The JCC noted the claimant... View More

Paul T. Terlizzese JCC Clark (Ft. Myers) – (10-18-19)– Denied claim for TTD benefits, awarded partial period of TPD. There was no evidence presented that any physician put the Claimant off work at any time subsequent to the date of accident. The JCC rejected E/C defenses of voluntary limitation of income as there was no evidence she refused suitable work . Similarly ,the JCC found no evidence of termination for misconduct or failure to properly compete DWC-19’s.View JCC Merits Order View More

William H. Rogner Per Curiam Opinion (10-8-19) The DCA affirmed without written opinion the JCC’s denial of all benefits based upon misrepresentation. The claimant on appeal argued the JCC erred in admitting surveillance evidence Underlying Order of JCC Havers 3/1/19View Apellate Opinion View More