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Updated 1-28-22 Noa v. City of Aventura/Fla. League of Cities, (Fla. 1st DCA 1/25/22)AWW Calculation/Inclusion of Annual Merit Bonus The DCA reversed the JCC’s decision not to include a portion of the claimant’s pro rata share of an annual merit bonus in her AWW calculation. Following claimant’s 2/27/20 work accident, she continued working and on 8/6/20 received a merit bonus for the period 7/24/19 to 7/19/20.  The E/C declined to include these amounts in the AWW calculation, asserting the bonus... View More

JCC Lewis (Fort Laud) (Greg White)(1-25-22) – Granted E/C’s Motion for Summary Final Order and denied request for one-time change. The claimant filed Petitions requesting a one-time change on 8/24/2021 and 9/3/2021. The JCC previously issued a final compensation Order on 9/3/2021 finding that the industrial accident was no longer the MCC of the need for medical care and that further treatment was not medically necessary due to the work accident, as of 12/14/2020. Accordingly, the JCC held that the... View More

JCC Dietz (Sebastian) (Paul Terlizzese)(12-29-21) – Denied Medical Benefits. The claimant sought authorization of lumbar facet injections as recommended by his IME Dr. Krost as well as a lumbar fusion as recommended by authorized physician, Dr. Popp.  The E/C asserted a number of defenses including medical necessity, major contributing cause and apportionment.  EMA Dr. Lenard opined that there was no objective sign of any lumbar injury related to the work accident, that no more lumbar injections were reasonable, medically necessary... View More

JCC Stephenson (West Palm Beach)(Tony Amelio)(12-22-21) – Denied NCM non-party’s motion for sanctions for attorneys’ fees/granted the non-party’s motion for costs to be paid by the claimant. The NCM claimed the claimant was engaging in abusive discovery practices over the course of three years where depositions were set, reset and then cancelled, followed by motions to compel, in-camera inspections, etc. The JCC found that although the claimant’s actions and discovery tactics were very aggravating, they did not rise to abusive... View More