Resources

JJCC Owens (Port St. Lucie) (Scott Miller)(10-21-2020) – Granted E/C’s Motion to Enforce Settlement. On July 28, 2020 the parties entered into a settlement agreement for $20,000.00 inclusive. On July 29, 2020, claimant’s counsel filed a Notice of Settlement. The E/C forwarded the settlement documents to claimant’s counsel on August 5, 2020. On August 24, 2020, claimant’s counsel emailed the E/C indicating that the claimant was refusing to execute the settlement documents and was attempting to back out of the... View More

JCC Ring (Ft. Lauderdale)(Kate Albin)(10-2-2020) – Awarded attorney fees.  The E/C timely responded that a hand specialist “will be provided,” but the appointment was not scheduled until approximately six weeks after the PFB was filed. The claimant attorney argued she expended 12.7 hours and should be compensated at $350 per hour. The JCC accepted the E/C’s position that 10.5 hours were reasonably expended, and accepted their position that as the work was performed in 2009/2010, the hourly rate should reflect that... View More

Velazquez Hernandez v. J. Sterling Quality Roofing, Inc., d/b/a Sterling Roofing/Summit, ___ So.3d ___ (Fla. 1st DCA 10/21/20) Appellate Practice/Jurisdiction The claimant sustained a traumatic brain injury and  requested, among other things, attendant care. The JCC denied attendant care without prejudice and noted that “a new prescription may create a new claim While the claimant’s appeal on the  attendant care issue was pending”.  The claimant filed  PFBs on 1/8/20 and 1/10/20 requesting attendant care, pursuant to the JCC’s Final Order.... View More

JCC Kerr (Miami)(Andy Borah)(9-21-2020) – Denied attendant care.  Following her accident and release from inpatient rehab, the claimant was provided with 24 hour a day care.  Over time, the claimant’s attendant care was reduced and eventually terminated.  The claimant was placed at MMI by Dr. Jacobs on 11/28/2018 and assigned an 18% PPI rating to the body as a whole.  On 6/24/2019, Dr. Jacobs prescribed attendant care four hours a day five days a week and the Carrier provided the... View More

Federal District Court Case Employers Insurance Company v. Redlands Christian Migrant Association, ___F. Supp. ____ (M.D. FL 9/2/20) Retroactive Ins. Contracts/Motions to Dismiss The District Court denied Wassau/Employers’ Motion to Dismiss, based upon SOL.  Wassau/Employers sued Redlands for failing to pay premiums under a retrospective insurance contract.  In such a policy, the insured pays small premiums during the policy term, but after the term, the insurer examines the loss activity and charges a retrospective premium.  Here Employers assessed a 500k... View More

MCC / Burden of Proof Scott Miller / Bill Rogner The DCA reversed the JCC’s finding that the claimant failed to prove his 2004 workplace accident was the MCC of lumbar spine treatment recommended in 2018. Claimant began working with the employer in 1991. In 2004, the E/C authorized orthopedist Dr. Cohen to evaluate the lumbar spine. Later that year, the lumbar spine injury was consolidated with two other injuries with the employer.  By 2014, a new servicing agent took... View More