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JCC Clark (Ft. Myers) (Andy Borah) (6-5-24) –  On rehearing, JCC denied requests for TTD/TPD, penalties and interest. JCC previously entered a Final Compensation Order awarding back TTD/TPD due to E/C increasing claimant’s AWW. E/C filed a Motion to Vacate, which JCC granted, then JCC entered a new Final Compensation Order denying TTD/TPD benefits since parties previously stipulated that claims for TTD/TPD benefits were resolved at mediation. JCC held the pending claim for increase in AWW was resolved in pretrial... View More

JCC Newman (Tallahassee) (Matt Bennett) (5-17-24) – The claimant’s attorney filed claims for authorization of a psychiatrist and TPD from the date of accident to the present and continuing.   The psychiatrist was authorized about 40 days after the PFB and the E/C conceded fee entitlement.   The E/C also conceded to pay $600.00 in TPD to resolve a few late payments and two weeks of disputed payments prior to the choosing to no longer work the available light duty.  The rest... View More

JCC Havers (Miami) (Andy Borah) (5-15-24) – Awarded partial attorney fees and costs. The E/C agreed at mediation to compensability of multiple body parts, but not the low back. The E/C stipulated to the claimant’s attorney’s fee entitlement for obtaining compensability of the body parts and medical treatment for such. The claimant’s attorney asserted additional fee entitlement for obtaining compensability of the low back and payment of TPD benefits. The claimant’s attorney retained a fee expert in support of his... View More

Updated 5.28.24 Palm Beach County School District/Sedgwick v. Smith, ___So.3d ___ (Fla. 1st DCA 5/22/24) Prevailing Party Costs The parties attended mediation where the E/C agreed to accept and treat a tailbone injury, and the claimant dismissed claims for a low-back injury.  The Joint Stip agreed to attorney fees and costs as to the tailbone issue and further stated all other issues were resolved “with the exception of attorney fees and costs” which the JCC approved. The JCC then denied... View More

No DCA decisions this month. View More

JCC Anthony (Tampa) (Rex Hurley) (4-26-24) – Denied indemnity benefits, medical benefits and compensability. The claimant worked as a patrol sergeant for the Citrus County Sheriff’s Office. On April 26, 2023, he was on duty on the treadmill in the department gym when he felt a burning sensation in his chest. He also felt pain the following day at work while helping to unload metal poles. On April 28, 2023, he woke up, got out of bed and felt the same burning... View More