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Stanton v. Equity Lifestyle Properties / Liberty Mutual
HR Law Cases
JCC Grindal (St. Petersburg) (Scott Miller)(12-15-23) – Denied reimbursement for travel expenses. Compensable accident which rendered the claimant a tetraplegic, requiring 24-hour attendant care. The claimant traveled to Nevada for a family vacation and sought reimbursement for his nurses’ hotel and airfare, Hoyer lift rental, and handicap van rental while in Nevada. The issue framed by the claimant was whether the need for the trip itself was reasonable, medically necessary and causally related to the IA. Dr. Patel, the authorized... View More
Figueiras v. Department of Corrections/Division of Risk Management
HR Law Cases
JCC Newman (Tallahassee)(Matthew Bennett) (12-13-23)– Denied compensability of 10/4/20, 10/8/20 and 6/7/21 work accidents. Denied PCP, urologist, TTD, steroid injections and diagnostic nerve block. The claimant initially alleged he was injured on 10/4/20 when responding to a medical emergency involving an inmate when he lifted him on to a stretcher. He claimed an injury to his right groin. He never reported the accident. On 10/9/20, he complained to his supervisor that he felt pain in his right groin at work... View More
Joseph v. Consulate Health Care / XL Specialty Insurance Company / Alternative Service Concepts
HR Law Cases
JCC Arthur (Tampa) (Paul Terlizzese) (10-9-23) – Denied PTD benefits, TTD benefits and impairment benefits. In this claim, defended by HR Law Shareholder Paul Terlizzese, the claimant was a registered nurse who injured her back during a patient transfer.  She had low back surgery.  The claimant reached MMI in March 2020.  The claimant’s permanent work restrictions included no lifting or carrying greater than 10 pounds and no repetitive bending or twisting.  A later FCE indicated the claimant could occasionally lift... View More
Barrios v. Global Contracting Group / Amerisure
HR Law Cases
JCC Anthony (Tampa) (Bill Rogner) (9-27-23)– Denied payment of medical bill, authorization of orthopedic specialist, authorization of physical therapy and authorization of lumbar spine MRI. The claimant initially reported no injuries after a minor work-related motor vehicle accident. Subsequent to his termination for causing the accident, he alleged lower back and neck injuries. The E/C’s IME, Geoffrey Cronen, M.D., opined that the claimant suffered no injury in the accident. The claimant’s IME, Elaine Blair D.C., opined that the claimant sustained... View More
Yambo v. Dish Network Corp. / Gallagher Bassett
HR Law Cases
JCC Clark (Ft. Myers) (Rex Hurley & Jonathan Cooley) (9-22-23)- Denied claimant’s Motion to Enforce Settlement Agreement. The claimant argued the parties reached a verbal settlement agreement that included all essential terms. The claimant’s attorney subsequently emailed the E/C’s attorney stating the claimant agreed to settle his claim for the figures discussed. The email further sought confirmation that the E/C remained responsible for unpaid bills and would issue a $2,000.00 advance to claimant. Although the claimant argued these additional terms... View More
Normandy Insurance Co. v. Bouayad
HR Law Cases
(Fla. 1st DCA) (8-16-23) (Bill Rogner)Compensability/Arising out of. Sixteen months after the oral argument held at the Workers’ Compensation Forum in 2022, the First DCA finally issued its opinion in this case.  It reversed the JCC and ruled that the claimant’s injuries were not compensable.  The claimant was shot multiple times while at work.  Although seriously injured, he survived his wounds and filed for workers’ compensation benefits.  On the night of the shooting, he identified “Robert” as the assailant, but... View More