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Velazquez Hernandez v. J. Sterling Quality Roofing, Inc., d/b/a Sterling Roofing/Summit, ___ So.3d ___ (Fla. 1st DCA 10/21/20) Appellate Practice/Jurisdiction The claimant sustained a traumatic brain injury and  requested, among other things, attendant care. The JCC denied attendant care without prejudice and noted that “a new prescription may create a new claim While the claimant’s appeal on the  attendant care issue was pending”.  The claimant filed  PFBs on 1/8/20 and 1/10/20 requesting attendant care, pursuant to the JCC’s Final Order.... View More

JCC Kerr (Miami)(Andy Borah)(9-21-2020) – Denied attendant care.  Following her accident and release from inpatient rehab, the claimant was provided with 24 hour a day care.  Over time, the claimant’s attendant care was reduced and eventually terminated.  The claimant was placed at MMI by Dr. Jacobs on 11/28/2018 and assigned an 18% PPI rating to the body as a whole.  On 6/24/2019, Dr. Jacobs prescribed attendant care four hours a day five days a week and the Carrier provided the... View More

Federal District Court Case Employers Insurance Company v. Redlands Christian Migrant Association, ___F. Supp. ____ (M.D. FL 9/2/20) Retroactive Ins. Contracts/Motions to Dismiss The District Court denied Wassau/Employers’ Motion to Dismiss, based upon SOL.  Wassau/Employers sued Redlands for failing to pay premiums under a retrospective insurance contract.  In such a policy, the insured pays small premiums during the policy term, but after the term, the insurer examines the loss activity and charges a retrospective premium.  Here Employers assessed a 500k... View More

MCC / Burden of Proof Scott Miller / Bill Rogner The DCA reversed the JCC’s finding that the claimant failed to prove his 2004 workplace accident was the MCC of lumbar spine treatment recommended in 2018. Claimant began working with the employer in 1991. In 2004, the E/C authorized orthopedist Dr. Cohen to evaluate the lumbar spine. Later that year, the lumbar spine injury was consolidated with two other injuries with the employer.  By 2014, a new servicing agent took... View More

JCC Forte (Ft. Lauderdale) – (Andy Borah)(9-3-2020). Granted E/C’s Motion for Sanctions. The claimant’s attorney filed a PFB for reimbursement of mileage of $1.11 and attorney’s fees and costs. The claimant’s attorney faxed a good faith request to the E/C on July 3, 2020 and filed the PFB five hours later. The JCC determined that faxing a good faith request to an office closed in observance of a national holiday did not meet the statutory requirements of good faith.  The... View More

Does this sound familiar…?  A good faith letter faxed over the morning of a legal holiday (Independence Day, 2020) …  five hours later, the claimant attorney files a PFB for the same benefit, complete with certification that a “good faith” attempt was made to resolve the issue.  Recently, a JCC agreed with Andy Borah that such circumstances are not in good faith. After Andy’s proposed motion for sanctions, the claimant attorney allowed the 21-day safe harbor period to lapse without... View More