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Updated 7-30-21 Jones v. State of FL/DOC Columbia Correctional Institute/Div. of Risk Management, ___So.3d ___(Fla. 1st DCA 7/28/21)Psychiatric Claims/Limit on Benefits post Physical MMI The claimant was attacked and placed in a chokehold by an inmate on 1/7/19. She attained physical MMI with a 0% PIR two weeks later.  She later obtained authorized psychiatric care, was diagnosed with acute stress and PTSD and taken out of work until 11/11/19. The E/C paid six months of TTD as of her physical... View More

Updated 6-18-21 St. Lucie Public Schools/ Relation Insurance Services of Florida v  Alexander, ___ So.3d___ (Fla. 1st DCA 6/16/21)One Time Change/Claimant’s Ability to Choose The 1st DCA affirmed the JCC’s decision to allow the claimant to choose the one-time change doctor, based upon the recent decision of City of Bartow v. Flores, which is pending before the Florida Supreme Court. The underlying 1st DCA opinion in Flores noted that (“[An] E/C forfeits the right of selection if it subsequently fails... View More

JCC Stephenson (West Palm Beach)(Tony Amelio)(6-18-21) – Denied PTD and authorization of T6-L4 fusion surgery.  Following the claimant’s 2008 accident, the E/C immediately and consistently accepted a lumbar strain/sprain only and a temporary exacerbation of a prior herniation / scoliosis / dextroscoliosis. They continued to assert that position even though the pre-existing conditions ultimately resulted in recommendations for a fusion, and asserted the prior conditions were the MCC of any disability or need for treatment.  The claimant was seen by multiple... View More

JCC Medina-Shore (Miami)(Scott Miller)(6-4-21)– Denied compensability and payment of hospital bills.  Claimant presented to the hospital while under the care of a treating physician and then sought payment of those medical bills.  The hospital records were not admitted into evidence and the treating physician was never provided with the hospital records.  Therefore, he was unable to opine as to whether or not the care received was an emergency.  Further, the treating physician could not opine as to whether the major... View More

JCC Hedler (West Palm Beach)(Derrick Cox)(6-10-21) – Granted Claimant’s Motion to Strike in part and denied in part.  Claimant moved to strike the testimony of the E/C’s biomechanical engineer, Jonathan Walter under the Daubert standard.  Claimant objected to the expert’s opinions regarding major contributing cause of the Claimant’s condition, opinions concerning forces that caused injury to the Claimant, opinions that drumming as a hobby was the major contributing cause of the Claimant’s injuries or condition and opinions that forces of... View More