Resources

(9-15-21) Florida’s 2019 Valcourt-Williams decision established a clear test for determining whether an injury arises from the claimant’s employment. Since then, claimants have prevailed in 65 percent of cases citing this blockbuster en banc decision. HOW DOES VALCOURT-WILLIAMS IMPACT YOUR FILES? A Valcourt-Williams denial is most likely to prevail where there is clearly a personal, non-work-related cause for an injury that occurs at work.  There is substantial support for a Valcourt-Williams denial when the claimant is injured while merely walking... View More

(First District Court of Appeal)(Bill Rogner)(9-8-21) Per Curiam affirmed/no opinion. The claimant appealed the JCC’s denial of compensability. At trial, he argued that going to a doctor two days in a row, getting his eyes dilated, and receiving an eye injection established disability. The claimant chose the first day  for the accident date, but the only thing that occurred on that date was a consult.  The claimant also worked ten hours that day. On Day two (not the accident date)... View More

JCC Dietz (Sebastian/Melbourne)(Gregory White)(9-2-21)– Granted Motion to Enforce Settlement.  Claimant admitted he gave his attorney authority to settle the case as outlined in the Mediation Settlement Agreement, and to sign the Mediation Settlement Agreement on his behalf. Several days later, he changed his mind and wanted more money to settle.  The JCC found the terms of the settlement agreement to be sufficiently specific and reflect assent by all the parties to the essential terms discussed at the mediation.  “Buyer’s remorse”... View More

JCC Forte (Ft. Lauderdale)(Paul Terlizzese)(8-30-21) – Denied TPD.  Claimant underwent spine surgery with Dr. Baynham and was ultimately placed at MMI with a 10% impairment rating and permanent restrictions.  He referred the claimant to Dr. Chaitoff for pain management.  Dr. Chaitoff deferred to Dr. Baynham regarding restrictions but indicated the claimant was not at MMI as he believed that the treatment he had provided or was recommending to be curative and not palliative in nature. The JCC accepted the opinions... View More