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Stanton v. Equity Lifestyle Properties, Inc. / Liberty Mutual Insurance
HR Law Cases
Scott B. Miller JCC Beck – Sarasota (7-12-19) – Denied authorization of PCP. Claimant, rendered a quadriplegic from a surgical fracture, sought authorization of a PCP, costs, and attorney fees. E/C argued it timely authorized Dr. Cosmo (pulmonologist and internist) as Claimant’s PCP, and no costs/fees were due. Since 440.13(1) does not contain a definition of PCP, the JCC looked to “PCP” as defined in the managed care section 440.134(1)(k), which states that “Primary care provider” means, except in the... View More
Case Law Update July 2019
Case Law Updates
This Update contains summaries of all relevant Appellate decisions 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. Please feel free to contact Rogers Turner (rturner@hrmcw.com) with questions or comments on any of the listed cases. DCA Cases Publix/Publix Risk Mgmt. v. Carter, (Fla. 1 st DCA 7/29/2019) TPD/Causal... View More
Martinez v. F.P.G Wholesale Inc. & Associated Industries/Amtrust North America of Florida
HR Law Cases
Andrew R. Borah JCC Medina-Shore (Miami)(6-12-19) – Denied claim for TPD benefits, penalties, and interest. The claimant was involved in a compensable accident sustaining injuries to his back. The E/C authorized treatment and the claimant was placed on light duty restrictions. The Employer provided the claimant with two assistants so that he could work within his assigned restrictions. However, the claimant stopped working because the pain in his back was too much to handle and he was no longer being... View More
Hernandez v. Suffolk Construction Company, Inc. / Liberty Mutual Insurance / ACE / AIG Claims
HR Law Cases
Brian M. Ricotta JCC Almeyda (Miami) (6-11-19) FINAL COMPENSATION ORDER – Denied compensability of ER Hospital Bill. The claimant did not provide any objective medical evidence that the Emergency Room Treatment was medically necessary, reasonable, or causally related to the industrial accident. Additionally, no evidence was submitted that treatment was a result of an emergency medical condition.View JCC Merits Order View More
Case Law Update June 2019
Case Law Updates
This Update contains summaries of all relevant Appellate decisions 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. Please feel free to contact Rogers Turner (rturner@hrmcw.com) with questions or comments on any of the listed cases. DCA Cases Lafluer v. The Arbor Holding Co./Barrington Terrace/Utd. Wisconsin Ins. Co., (Fla.... View More