Resources

JCC Ring (Ft. Lauderdale) (Paul Luger)(8-6-2020) – Denied compensability and all requested benefits.  The claimant alleged exposure to cold temperatures at work caused a host of injuries. The PFBs alleged compensability due to repetitive exposure, but at final hearing, the claimant suggested for the first time that there was an isolated accident at work,  in an effort to mold the facts to fit what little evidence was present.  Numerous employer representatives testified that the claimant changed a light or two... View More

JCC Hedler (West Palm Beach) (Scott Miller)(8-5-2020) – Order Denying TPD benefits.  The claimant sought TPD for a closed period which the E/C denied asserting the claimant had reached overall MMI.  The claimant’s only evidence to support an argument the claimant was not at overall MMI was based on a medical questionnaire from an authorized physician which the doctor contradicted days after signing and did not support in deposition.  The JCC denied TPD based on evidence from the authorized physicians... View More

DCA Cases Thompson v. Escambia County School Board/Escambia County School, (Fla. 1st DCA 8/17/20)Mature Claims/Admissible Medical Evidence The claimant appealed the JCC’s denial of surgery, TTD and TPD.  The DCA affirmed the denials of indemnity, but reversed and remanded the denial of surgery.  Claimant’s authorized orthopedist asserted the claimant’s knee condition did not warrant surgery, and that pre-existing conditions rather than the work accident were the MCC of any objective findings.   The claimant’s IME, Dr. Dewey testified the claimant needed surgery... View More

JCC Dietz (Sebastian) (Derrick Cox for E/C #2) (7-15-2020) – In a bifurcated trial to determine employer/employee relationship, the JCC determined the claimant was an employee of E/C #1, of three prospective employers. The JCC accepted the testimony of the foreman and sole witness for E/C #1 that the claimant was hired and in the course and scope of employment when he fell off a ladder, sustaining serious injuries. Further, the JCC found initial payment of prescriptions, as well as... View More

Florida Supreme Court Florida Workers’ Compensation Joint Underwriting Association, Inc. v. American Residuals and Talent, Inc.,   (Fla. 7/6/2020) The Florida Supreme Court declined to grant certiorari review of the 1st DCA’s 2019 decision. That case held that American Residuals & Talent was an employer under the “similar agent” provision of 440.02(16)(a), Fla. Stat., which states an employer as “every person carrying on any employment … [and] includes employment agencies, employee leasing companies, and similar agents who provide employees to other... View More