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Updated 1-3-21 Ranger Construction/Travelers v. Brand, (Fla. 1st DCA 12/1/2021)Final Orders/Competent, Substantial Evidence The DCA made short work of the E/C appeal alleging the JCC erred in finding a compensable injury occurred. Noting “formidable evidence” of an injury by accident, the appellant pointed only to inconsistencies in that proof. The DCA noted that numerous decisions provide the standard of review in WC cases of “the existence of competent, substantial evidence supporting the decision.” Citing contradictory record evidence is simply insufficient.  The... View More

JCC Sojourner (Orlando) (Bill Rogner) (12-2-21) – Denied all claims due to misrepresentation.  The JCC denied the claimant’s attempt to offer a second IME report into evidence, obtained at the 11th hour. The claimant testified that when he appeared for an appointment with Dr. Jager five minutes late, he was turned away. Dr. Jager testified that he did in fact see the claimant, and provided details he could have only obtained from the claimant.  The JCC rejected the claimant’s credibility.... View More

Palm Beach Circuit Court (Andy Borah)(11-22-21) – After the parties were unable to informally resolve the School District’s WC lien on the claimant’s third-party recovery, the claimant filed  a Petition for Equitable Distribution.  Circuit Court Judge Coates presided over the Equitable Distribution Hearing to determine the School District’s third-party lien amount and the Manfredo percentage of lien recovery on the claimant’s $500,000.00 third-party settlement, which netted the claimant $286,478.00. The claimant asserted the lien recovery should be $6,395.87 while the... View More

JCC Sojourner (Orlando) – (Scott Miller)(11-18-21) Denied all benefits based upon misrepresentation.  The Claimant injured her left shoulder, neck, chest wall and lumbar spine in a 2016 MVA.  She had a lumbar MRI and treatment to these body parts following the MVA.  In her deposition, she admitted to the prior MVA but indicated she only treated for her chest and not for her low back.  Her authorized physiatrist, Dr. Gerber, testified the Claimant failed to tell him about the prior... View More