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Barros v. Whole Foods Market / Gallagher Bassett
HR Law Cases
JCC Massey (Tampa) (Scott Miller) – (4-26-24) Denied authorization of left knee brace. The claimant injured his left knee on October 5, 2019, when a heavy piece of equipment fell off a table, bounced off the floor and struck the outside of the claimant’s knee. Prior to this accident, the claimant treated with Dr. Sellman for left-knee pain. The claimant underwent an MRI on January 9, 2019, which showed an MCL strain, mild osteoarthritis, chondromalacia patella and joint effusion. Following the... View More
Fonte v. ECU Worldwide / MEMIC
HR Law Cases
JCC Kerr (Miami)(Andy Borah) (4-24-24) – Denied TTD, TPD, Spanish interpreter, transportation, PCP, CT scan for right ankle, psychologist, pain management, face injections. The claimant alleged injuries to his back, neck and shoulders due to repetitive heavy lifting. The E/C denied compensability arguing the claimant’s work duties were not the MCC of his medical condition or need for treatment. The JCC found the claimant was only required to lift on rare occasions and did not perform repetitive heavy lifting in... View More
Santoyo-Cardenas v. Masonry, Inc. / Culpepper Construction Company / Stanley Smith Drywall, Inc. / National Union Fire Insurance / American Interstate Insurance Company / Liberty Mutual
HR Law Cases
JCC Newman (Tallahassee) (Richard Stoudemire) (4-1-24) – Denied all benefits based on statute of limitations defense. The claimant sustained injuries while performing construction work for his own company, a Georgia corporation. The claimant’s company subcontracted from Stanley Smith, Inc. His company presented a certificate of insurance to Stanley Smith, Inc., but the company only had coverage in Georgia, not Florida. The claimant initially only filed a Circuit Court tort action against the general contractor and a separate contractor, but not... View More
Vitali v. Osceola County Sheriff’s Office / Florida Sheriffs’ Risk Management Fund
HR Law Cases
JCC Anderson (Orlando)(Rex Hurley) (3-22-24)– Denied compensability of heart claim.  The claimant sought compensability of heart disease pursuant to the presumption under 112.18(1)(a).  For the presumption to apply, the claimant had to pass a preemployment physical exam upon entering his employment as a full-time law enforcement officer.  The claimant passed a preemployment physical in 1999 when he first began to work as a full-time law enforcement officer.  He voluntarily switched to a part-time, non-covered law enforcement position.  He returned to... View More
Mazariegos v. Magic’s Painting / Frank Crum / CCMSI
HR Law Cases
JCC Clark (Fort Myers) (Jonathan Cooley) (3-18-24) – Allowed E/C to transfer the claimant from NeuroRestorative in Sarasota to Hogar Dulce Hogar in Naples. The claimant was injured in a fall resulting in partial paralysis and in-patient admission to Gulf Coast Medical Center in Fort Myers. The claimant underwent spinal fusion surgery and was transferred to Brooks Rehab in Jacksonville and then to Neurorestorative in Sarasota. NeuroRestorative discharged the claimant on 12/1/23 and detailed recommendations for further rehab and assistance. The... View More
Estevez v. Lee County School Board / Davies Claims North America
HR Law Cases
JCC Clark (Ft. Myers) (Jonathan Cooley) (3-19-24)  – Denied and dismissed Petition with prejudice based on statute of limitations. The claimant slipped and fell injuring both upper extremities. She treated with primary care, orthopedic surgeon, pain management and a neurosurgeon.  The claimant retired from the employer on July 18, 2022, however, she stopped working prior to that date and the last entry on the payout ledger was 7/4/22. The claimant filed a PFB on 9/18/23 for authorization of orthopedic care,... View More