Resources

JCC Almeyda –(Miami)(Paul Terlizzese)(8-24-2020)– Denied misrepresentation defense and denied TPD.  The claimant reported injuries to the knee and upper extremities, and only later her back. She had been involved in seven prior MVAs, but only recalled two.  EMA Dr. Hodor evaluated the claimant. Although he found the claimant had restrictions during the period in question, the JCC found the claimant had worked light duty with the employer, later abandoned her employment with no further contact, and that the employer continues... View More

JCC Newman (Tallahassee)(Matt Bennett)(8-13-2020) TPD denied. Claimant was a CNA at a nursing home and sustained compensable injuries. Work restrictions were imposed by the authorized orthopedic. The Employer offered a sedentary position as a “resident monitor” within the restrictions imposed by the authorized orthopedic. The claimant returned to work in the modified position but alleged difficulties with the position and began leaving early, calling out and ultimately failed  to continue reporting for work. As a resident monitor, the claimant was... View More

JCC Forte (Fort Lauderdale)(Kate Albin) (8-12-2020) E/C awarded costs after prevailing at trial. E/C sought $4,329.71 in costs. The claimant objected to several costs. The JCC struck only three charges, the pre-IME conference which she determined was not taxable, and copy costs for two sets of medical records which were relevant in the case but not ultimately to the defense of the case. The JCC awarded $3,591.78 to the E/C. Click here  to view Order View More

JCC Ring (Ft. Lauderdale) (Paul Luger)(8-6-2020) – Denied compensability and all requested benefits.  The claimant alleged exposure to cold temperatures at work caused a host of injuries. The PFBs alleged compensability due to repetitive exposure, but at final hearing, the claimant suggested for the first time that there was an isolated accident at work,  in an effort to mold the facts to fit what little evidence was present.  Numerous employer representatives testified that the claimant changed a light or two... View More

JCC Hedler (West Palm Beach) (Scott Miller)(8-5-2020) – Order Denying TPD benefits.  The claimant sought TPD for a closed period which the E/C denied asserting the claimant had reached overall MMI.  The claimant’s only evidence to support an argument the claimant was not at overall MMI was based on a medical questionnaire from an authorized physician which the doctor contradicted days after signing and did not support in deposition.  The JCC denied TPD based on evidence from the authorized physicians... View More

JCC Dietz (Sebastian) (Derrick Cox for E/C #2) (7-15-2020) – In a bifurcated trial to determine employer/employee relationship, the JCC determined the claimant was an employee of E/C #1, of three prospective employers. The JCC accepted the testimony of the foreman and sole witness for E/C #1 that the claimant was hired and in the course and scope of employment when he fell off a ladder, sustaining serious injuries. Further, the JCC found initial payment of prescriptions, as well as... View More