Resources

JCC Owens (Port St. Lucie)(Andy Borah)(3-15-21) – Granted Motion to Amend Pretrial to include misrepresentation defense.  Claimant alleged a back injury from her industrial accident.  She testified that she did not remember having any back issues prior to the accident. Claimant’s attorney provided partial records of Dr. Norris to the Employer/Carrier in a Response to Request to Produce.  The claimant objected to the Employer/Carrier’s Notice of Intent to serve a subpoena for records on Dr. Norris.  By the time the... View More

JCC Weiss (Ft. Myers)(Rex Hurley)(3-15-21) – Granted E/C’s Motion for Summary Final Order.  Claimant’s Petition requested “authorization of full pay status pursuant to section 440.15(11), Florida Statutes.” The E/C argued the JCC does not have jurisdiction over full-pay status under section 440.15(11). Claimant argued that a request for full-pay status is equivalent to a request for seeking reinstatement of leave time.  The JCC found the claimant was not seeking payment of temporary indemnity benefits that would result in an “award”... View More

JCC Anderson (Daytona Beach)(Derrick Cox)(3-3-21) Awarded costs to E/C. There was no dispute that the E/C was entitled to a fee as the PFB was dismissed just 8 days prior to the merits hearing. The claimant’s attorney objected to a $700.00 doctor depo fee. The JCC agreed and stated that the $200.00 per hour witness rule applied and there was no indication on the invoice that the remaining $500.00 was for records review.  Click here to view Order View More

Updated 3-26-21 Ali v. American Airlines and Sedgwick CMS, (Fla. 1st DCA 3/17/2021)Award of Fees/Costs The claimant filed three PFBs and the E/C provided the benefits within the 30 days.  Claimant sought attorney’s fees and costs related to the PFBs but the JCC denied the request.  The DCA reversed the JCC’s Order, holding that the claimant was the prevailing party because the benefits were provided after the filing of the PFBs. Therefore, the claimant was entitled to an award of costs. ... View More