Resources

JCC Grindal (Sarasota)(Derrick Cox)(5-10-21) – Granted E/C’s Motion to Tax Costs. A PFB sought a follow-up appointment with authorized physician Dr. Marc Levy. The E/C responded that no further treatment was authorized with Dr. Levy because Dr. Levy had opined that no further neuro-ophthalmological treatment was needed. The E/C attorney testified that the deposition of the claimant and Dr. Levy were conducted in response to the PFB, and that the claimant voluntarily dismissed the PFB. The E/C sought costs for... View More

JCC Jacobs (Miami)(Caitlin Golden)(5-10-21) – Denied Motion for Advance. The claimant sought a $2,000.00 advance to pay for an IME. The E/C denied the advance contending that the claimant refused to work within her restrictions and therefore a causal nexus between the loss of earnings and the accident did not exist. The JCC found that the claimant failed to prove an actual physical impairment and did not reasonably justify her decision to reject the Employer’s job offer. The JCC also... View More

JCC Newman (Tallahassee)(Matt Bennett)(5-6-21) – Denied PTD. The claimant injured her left elbow and shoulder and treated with Dr. Stephens, who eventually placed her on restrictions to include occasional lifting with the left arm up to 10 pounds in 2016. Dr. Stephens testified in 2021 that the claimant would have some functional loss associated with her injury. By 2017 the claimant moved to Pensacola, where Dr. Marshall placed her at MMI on 11/15/17 with a 0% PIR and no permanent work restrictions.... View More

Updated 6-4-21 Zurich v. Samson, ___ So.3d___ (Fla. 2d DCA 5/28/21)Rule Nisi/Limits of Court Ordered Sanctions The claimant sought an orthopedic eval on 6/27/19.  Despite the carrier responding to the PFB on 7/23/19 that they would set the eval up, the JCC subsequently entered a Final Order requiring Zurich to authorize and provide the orthopedic treatment on 8/22/19.  The opinion states the claimant was “turned away” at two separate appointments, and on 10/28/19, the claimant filed a Rule Nisi in... View More