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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. Please feel free to contact Rogers Turner (rturner@hrmcw.com) with questions or comments on any of the listed cases. This week’s case authors are Heather Bondhus and Evan Heffner.... View More

Andrew R. Borah & Kate E. Albin JCC Young (Tampa) – 10-22-19 – Denied all claims by upholding misrepresentation defense. The JCC denied multiple Motions In Limine to exclude the E/C surveillance when Claimant authenticated the surveillance during his direct examination. The JCC also rejected the claimant’s attempt to present “Expert translator testimony” intended to suggest that the claimant’s reports to doctors were not accurately relayed or understood. The JCC found the level of activity reflected in surveillance viewed by... View More

Gregory S. Raub JCC Pitts (Orlando) – (10-18-19) – Denied enforcement of settlement agreement. The parties mediated, and the E/C offered $8,875.00 inclusive. The mediation agreement indicated that the washout would be for $4,875.00, inclusive of attorney’s fees of $975.00 and costs of $462.50. The claimant would be paid an additional $1,000.00 in past indemnity, with the claimant attorney receiving a $3,000.00 fee. The agreement stated the claimant attorney had his client’s authority to settle. The JCC noted the claimant... View More

Paul T. Terlizzese JCC Clark (Ft. Myers) – (10-18-19)– Denied claim for TTD benefits, awarded partial period of TPD. There was no evidence presented that any physician put the Claimant off work at any time subsequent to the date of accident. The JCC rejected E/C defenses of voluntary limitation of income as there was no evidence she refused suitable work . Similarly ,the JCC found no evidence of termination for misconduct or failure to properly compete DWC-19’s.View JCC Merits Order View More

William H. Rogner Per Curiam Opinion (10-8-19) The DCA affirmed without written opinion the JCC’s denial of all benefits based upon misrepresentation. The claimant on appeal argued the JCC erred in admitting surveillance evidence Underlying Order of JCC Havers 3/1/19View Apellate Opinion 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. Please feel free to contact Rogers Turner (rturner@hrmcw.com) with questions or comments on any of the listed cases. This week’s case author is Amy Ritchey. DCA Cases Blanco... View More