Resources

JCC Young (St. Petersburg) – Granted  EMA – (Scott Miller)(10-20-21) – The claimant raised a Daubert objection to E/C’s IME.  The JCC overruled claimant’s Daubert objection, which results in a conflict in medical opinion resulting in appointment of an EMA. Click here to view Order View More

JCC Hedler (West Palm Beach) – (Brian Ricotta/Scott Miller)(10-19-21) –  Awarded Fee Entitlement and determined amount.  The JCC found entitlement for payment of a medical bill where the Carrier’s Response to the PFB stated “[t]he statement received attached to the Petition was returned to the provider to bill Sedgwick on the proper form and supply medical records for consideration.”  The JCC found this statement to be ambiguous noting the wording “for consideration” implied that there would be an investigation or... View More

JCC Weiss (Ft. Myers) – (Jonathan Cooley)(10-18-21) – Denied reimbursement to claimant, granting closed period of TTD/TPD.  Claimant was unrepresented at final hearing seeking indemnity benefits and reimbursement for glasses.  At hearing, a payout showed a payment to the claimant which the E/C argued for was glasses made in June of 2020 and the claimant admitted his wife handled finances and he probably did receive the money for the glasses.  The JCC rejected the E/C’s argument the indemnity claims were... View More

JCC Dietz (Sebastian/Melbourne)(Greg White)(10-14-21): Denied defense of misrepresentation and declination of taking a drug test, denied payment of past medical care, granted TPD from 2/3/2, and granted authorization of Flexeril, Ibuprofen and an orthopedist. The claimant was injured when a saw he was using struck him in the chest. He was cut, but no medical treatment was authorized by the employer. He went home, cleaned up and returned to work. He denied refusing a drug test.  He ultimately went on... View More

Updated 10-8-21 Cabrera v. Kablelink Communications LLC/Sedgwick, ___ So.3d___ (Fla. 1st DCA 10/6/21)Independent Contractor/Construction Industry The DCA affirmed the JCC’s finding that a residential cable installer was not an employee, but an “independent contractor” and not entitled to benefits.  After a serious fall, the claimant sought WC benefits from Kablelink, who denied on the basis of their prior agreement stating he was an independent contractor. The claimant alleged even with that agreement, he was entitled to benefits as an independent... View More