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Updated 9-30-21 Harman v. Merchant Transport/CCMSI,  (Fla. 1st DCA 9/15/21)One-Time Change/Reasonable Distance/Right to Choose The DCA affirmed the JCC’s decision to provide an alternate physician to claimant and to preserve the E/C’s right of selection under Fla. Stat. 440.13(2)(f). The claimant requested a one-time change in allergists from Dr. Koutsonikolis to Dr. Tuer. The E/C attempted to schedule an appointment with Dr. Tuer before learning the office no longer accepted “worker’s compensation” and subsequently scheduled an appointment with Dr. Mark,... View More

JCC Havers (Miami) (Kate Albin)(9-17-21) – Denied all pending claims with prejudice. The claimant worked for the employer for approximately 10 years as a food packer up until her alleged work accident of November 27, 2018, which alleged a repetitive trauma injury to her low back caused by heavy lifting and bending while performing her job duties. The E/C denied compensability of the injury. The claimant was deposed multiple times and testified that she had been to the hospital on... View More

JCC Weiss (Ft. Myers) (Greg White)(9-22-21) – Granted E/C’s Verified Motion to Tax Costs. The JCC determined that the E/C was the prevailing party after successfully litigating the claim for a follow-up appointment with a psychiatrist in the claimant’s new locale. After reviewing the E/C’s motion, the JCC held that the E/C was entitled to the entirety of its request for reimbursement of taxable costs associated with the taking of the adjuster deposition and supplemental claimant deposition. The JCC ordered... View More

(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