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McArthur v. LaVie Care DBA Magnolia Health / Consulate Health Care
HR Law Cases
Paul T. Terlizzese JCC Beck (Sarasota)(9-24-19) – Denied continued treatment without apportionment, denied payment of unauthorized bills, granted adjustment of AWW and TPD. Orthopedic surgeon, Dr. Bright opined the claimant had degenerative findings, placed her at MMI with 0% PIR and advised she should seek treatment outside of W.C. Claimant’s one time change, Dr. Lonstein, agreed with Dr. Bright. Claimant’s IME, orthopedic Dr. Kurzner, opined the findings were work related. EMA, Dr. James Shortt, found the work incident was the... View More
Guerline Edouard v. Pioneer Growers / Zenith Insurance Company
HR Law Cases
Andrew R. Borah JCC Stephenson – West Palm – (9-20-2019) – Denied authorization of TTD/TPD, chiropractic care, an ankle specialist, a podiatrist and payment of medical bills. Initially, the Employer failed to report the incident to the Carrier. The claimant treated at the ER and with five chiropractors at a single office. Once notified, the Carrier authorized orthopedist Dr. Jospeh Chalal for the back and ankle, paid TTD and agreed to pay previous chiropractic bills up to a specific date.... View More
Johnson v Xanitos Inc. / North River Insurance / Crum & Forster
HR Law Cases
Julie C. Zobec JCC Johnsen (West Palm Beach) (9-11-19) – Granted E/C’s Motion to Dismiss/Tax Costs. Denied E/C’s Motion to Compel Claimant’s Attendance at IME. The PFB sought medical treatment and the E/C responded denying compensability of the claim. The E/C sent correspondence to the claimant of the appointment with their IME (Dr. Brian Reiter), which the claimant failed to attend. The JCC ordered the claimant to the second scheduled IME appointment, which the claimant again failed to attend. Subsequently... View More
Eduard v. Pioneer Growers / Zenith Insurance
HR Law Cases
Andrew R. Borah JCC Stephenson (West Palm Beach)(9-5-2019) – Denied TTD/TPD, denied authorization of chiropractic care, authorization of ankle specialist, payment of independent imaging bills, authorization of podiatrist, bills for doctor, denied PICA. JCC found that the claimant was medically non-compliant and was not entitled to indemnity benefits from April 2019 to present as long as still non-compliant. The E/C originally accepted ankle and back injuries and authorized care. The claimant then used her own doctor as self help claiming... View More
Ellington v. Health Services of Ocoee, LLC / Premier Group Insurance
HR Law Cases
W. Rogers Turner, Jr. JCC Sojourner (Orlando)(8-26-19 (Denied return appointment to authorized physician based on MCC. The claimant injured her left elbow and wrist, and was eventually authorized to treat with Dr. Riggenbach as a 1x change. Dr. Riggenbach was deposed on two occasions. Initially, Dr. Riggenbach recommended physical therapy, an MRI of the left wrist and prescribed a sling for the left arm. The MRI revealed indeterminate tenosynovitis of the flexor tendons and some soft tissue edema. After showing... View More
Ballister v. South Beach Group / Normandy Insurance
HR Law Cases
Andrew R. Borah JCC Jacobs (Miami) (8-23-19) – Dismissed PFB with Prejudice. The claimant filed a petition for authorization of a neurologist. The E/C denied the claim, asserting a major contributing cause defense, and arguing that a neurological evaluation is not medically necessary. However, the E/C accepted the scalp contusion as compensable. The claimant subsequently moved from Miami to New Jersey, and admitted he was able to drive from Miami to New Jersey. However, the claimant asserted he could not... View More