Resources

JCC Medina-Shore (Miami)(Kate Albin)(11-19-21) – The JCC rejected the claimant’s attorney’s argument for fee entitlement for obtaining laser therapy since the E/C agreed to provide the laser therapy within 30 days of receipt of the petition. The JCC also denied the claimant’s attorney’s argument for fee entitlement for obtaining indemnity benefits since the indemnity benefits were also provided within 30 days of receipt of the petition. The E/C previously stipulated to fee entitlement for the claimant’s attorney obtaining $66.41 in... View More

JCC Almeyda (Miami)(Vanessa Irvin)(11-17-21) – Denied treatment to cervical spine.  Treating doctors, Dr. Stein and Dr. Ramirez, opined the Claimant’s neck injury resolved.  The Claimant’s IME, Dr. Langone, also opined the Claimant’s neck injury resolved.  An EMA, Dr. Gombosh, was appointed pertaining to the Claimant’s shoulder injury.  The EMA recommended additional treatment for the neck injury.  The JCC found this opinion was outside the scope of the EMA assignment.  Based on the opinions of Drs. Stein, Ramirez and Langone, treatment... View More

ARE EMPLOYERS RESPONSIBLE FOR REACTIONS TO VACCINES?  Frequently, employers are recommending and even requiring COVID-19 vaccinations for employees. Compensability has been driven the past 20 years by Monette v. Manatee Memorial Hosp., the 1991 DCA decision that held an adverse reaction to an employer-sponsored flu vaccine was compensable. Monette still holds today when employees are required to vaccinate by their employers, but after Sedgwick CMS v. Valcourt-Williams, a gray area exists for employees who were vaccinated at their employer’s recommendation,... View More

Updated 11-15-21 Hospitals East LLC d/b/a Kindred Hospital – N. FL/Sedgwick v. Hampton, ___ So.3d ____ (Fla.1st DCA 2021)Statute of Limitations/Reservation of Fees/Tolling The DCA reversed the JCC’s holding that a prior Order’s reservation of jurisdiction on amount of fees and costs tolled the SOL.  Claimant’s 2013 PFB sought indemnity arising out of her 2011 WC accident. The JCC awarded indemnity in a 2015 Order which awarded entitlement to fees and costs but reserved as to amount. The DCA issued... View More

JCC Dietz (Sebastian/Melbourne)(Derrick Cox)(11-9-21) – Granted Motion to Enforce Settlement Agreement. The parties settled at mediation. The claimant argued that he was sleepy and groggy due to medication taken on the day of the mediation. The JCC found that the mediation would have been stopped had there been a question about the claimant’s capacity to attend mediation. The attorneys testified that there was no reason to believe that there was an issue regarding the claimant’s ability to make a decision... View More

JCC Hedler (WPB) (Andy Borah/Kate Albin)(10-27-21) – Denied compensability of accident, injuries and requests for medical care. The claimant worked as a teacher and injured her ankle when she fell down several steps walking from her classroom to the office. The E/C denied the claim based on the fall not arising out of her employment and that the fall was caused by an idiopathic condition. The claimant gave inconsistent accounts of what precipitated the fall. Initially, she made statements to... View More