Resources

HR Law Cases JCC Medina-Shore (Miami) (Andy Borah) – Denied the authorization of Dr. Ibraheim as the claimant’s one- time change, denied authorization for epidural injections, lumbar brace, physical therapy and pharmaceuticals, and denied the claim for authorization of outstanding medical bills. The claimant alleged that his seven page letter in Spanish requesting a “pain doctor” was actually a request for a one-time change. The adjuster was on medical leave and when she returned she set up an appointment outside... View More

Bill Rogner and Andy Borah The DCA affirmed the JCC’s Order finding entitlement to attorney fees and costs. The claimant filed her PFB on 8/22/18 after 5 p.m. After an initial response denied the claim on 8/29/18, the E/C filed a subsequent response on Monday, 9/24/18, rescinding the denial, paying benefits, but denying entitlement to attorney fees. In denying fee entitlement, the E/C relied on Rule 60Q-6.108(1)(e) that the petition was deemed received the next business day (8/23/18) since e-filed... View More

HR Law Cases JCC Jacobs (Miami)(Tony Amelio) – Denied adjustment of AWW. Claimant testified he worked for Employer as laborer and received paychecks from Southeast Personnel Leasing. Claimant shot himself in the leg with a nail gun and his claim was accepted as compensable. Claimant underwent treatment and indemnity benefits were paid using an AWW OF $181.54. Claimant did not present evidence that the hours reflected in the wage statement were incorrect. Claimant alleged that A&J paid him $400.00 cash... View More

This Update contains summaries of all relevant Appellate decisions usually for the preceding week, with comments on how a particular decision affects you. In addition, we review daily the Merit Orders posted on the DOAH website. This Update contains summaries and links to relevant JCC decisions for the past week or so.  HR Law Cases  JCC Stanton (Gainesville) – Issued an Amended Order denying all benefits for misrepresentation following E/C’s Motion for Rehearing. The JCC found the claimant committed multiple... View More

This Update contains summaries of all relevant Appellate decisions usually for the preceding week, with comments on how a particular decision affects you. In addition, we review daily the Merit Orders posted on the DOAH website. This Update contains summaries and links to relevant JCC decisions for the past week or so.  HR Law Cases  JCC Clark (Ft. Myers)(Jonathan Cooley) – Denied authorization of return visit to Dr. Kagan based on SOL. Claimant sustained three work accidents, the last of... View More

Bill Rogner and Scott Miller The DCA affirmed the JCC’s finding that the five year limit on PTD benefits in F.S.s. 440.15(1)(b) (for claimants whose date of accident occurs on or after their 70th birthday), is a calendar period, and not a bank. Claimant’s injury occurred at age 73. The E/C accepted the claimant as PTD on 5/26/12, and ceased PTD payments exactly five years later on 5/26/17. The claimant argued that the E/C should have reclassified her benefits as... View More