Resources
Resources
Melian v. Charanga Catering / Associated Industries Insurance Company / AmTrust
JCC Havers (Miami) (Andy Borah)(2-9-22) – Granted Motion for Summary Final Order. The JCC agreed with the E/C that the claimant had no standing and the JCC had no jurisdiction over the MRI claim since the E/C accepted financial responsibility over same. Click here to view Order View More
Glazier v. KRK Enterprises / AYS Employee Leasing / AmTrust
JCC Andersen (Sebastian/Melbourne) (Paul Terlizzese)(2-7-22)– Denied treatment to lumbar spine. Compensable claim in which the claimant was ultimately diagnosed with spondylolistheses (pre- existing with aggravation from the accident). The JCC held that the 120-day rule did not apply as the E/C never denied compensability and there was no evidence the accident-induced lumbar condition was ever controverted. Further, such acceptance and authorization did not preclude the E/C from later challenging the causal relationship between further treatment and the work injury. No... View More
Williams v. Brevard County Fire Rescue / PGCS
JCC Ring (Fort Lauderdale) (Derrick Cox)(1-28-22) – Denied PTSD claim. While working light duty at the fire station, the claimant experienced shortness of breath and broke down crying after observing videos and pictures depicting fire rescues. The JCC held that the events from the date of accident did not match any of the 11 listed events that are qualifying events for compensability of PTSD under 12.1815(5). Further, the JCC rejected the claimant’s argument that the other sections of 12.1815 should... View More
Case Law Update February 2022
Updated 2-28-22 Soya v. Health First, Inc./CCMSI, (2-21-22) (Fla. 1st DCA 2/2022)Compensability/Arising Out Of(Jamey Rodgers/Bill Rogner) The DCA reversed and remanded the JCC’s Order denying compensability. The claimant did not know why she fell at work. The JCC’s denial tracked Valcourt’s analysis and denied benefits, finding “an accident is compensable under Valcourt only if the employment necessarily exposed the claimant to conditions that would substantially contribute to the risk of injury to which the Claimant would not normally be exposed during... View More
Ayala v. Skampa Renovating & Painting / CCMSI
JCC Clark (Fort Myers)(Greg White)(2-1-22) – Awarded E/C costs of $1,690.20 out of $2,040.20 sought by the E/C. The claimant’s attorney filed two PFBs and later filed notices of resolution for both, thereby not pursuing two other benefits that were on the petition. The E/C argued that the claimant abandoned her claims for the aforementioned benefits by filing the NOR and, thereby making the E/C the prevailing party on those issues. The JCC distinguished between entitlement to costs vs. entitlement to... View More