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Sullivan v. NUCO2, LLC/Broadspire, (Fla. 1st DCA  12/9/2020) 120-Day Rule/Waiver/Apportionment/De-Authorization The DCA reversed the JCC’s apportionment of IBs and medical care, but affirmed his finding of an 18% PIR and continued authorization of Dr. Steen.  Following a 2016 shoulder injury, an MRI showed a massive rotator cuff tear and significant pre-existing changes. One-time change Dr. Steen performed shoulder surgery in 2/17.  After placing the claimant at MMI in 1/18 with an 18% PIR, Dr. Steen signed an E/C letter saying... View More

JJCC Moneyham (Panama City Beach) (Matt Bennett) (12-9-2020)– Denied TPD, penalties, and interest. The claimant sustained a compensable left knee injury and a left knee replacement was recommended. He also had an unrelated right knee injury and pre-existing condition and a right knee replacement was recommended. The claimant opted to undergo the right knee replacement first. After the right knee replacement, he was still not ready to have the left knee replaced. The authorized treating doctor opined that there was... View More

JCC Medina-Shore (Miami) (Andy Borah)(12-4-2020) – Denied TTD/TPD, granted compensability of accident, denied misrepresentation defense, granted authorization of follow-up visit with Dr. Joseph Fernandez for right knee injury, and denied claimant’s and E/C’s motions for rehearing. The claimant injured his right knee and lumbar spine when he fell off a 10-foot-tall ladder. The E/C terminated benefits due to an alleged misrepresentation of prior back problems. Claimant testified that he has memory issues because of a small stroke he had in... View More

JCC Johnsen (West Palm Beach)( Kate Albin)(11-16-2020)– Granted E/C Motion to Enforce Settlement. The claimant appeared pro se at hearing and testified that she felt pressured at Private Mediation where a settlement was reached providing she would net $15,000.  She testified that while she did agree to accept $15,000, she was unhappy that her former attorney was getting a side fee of $17,500, and that she did not agree to execute a general release and resignation.  She further alleged that... View More

Noland v. City of Deerfield Beach/Johns Eastern, __So.3d___ (Fla. 1st DCA 11/6/2020) MCC/Stipulations/Waiver The DCA affirmed the JCC’s finding that the E/C preserved their MCC defense to providing orthopedic care following claimant’s 2018, private health insurance funded knee replacement. After the original 1997 timely noticed workplace left knee injury, the claimant obtained two left knee surgeries under his private insurance, and had no further treatment after 2001. He returned to his firefighter position, ran 2.5 miles a day and played... View More