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JCC Clark (Ft. Myers) (Rex Hurley & Jonathan Cooley) (9-22-23)- Denied claimant’s Motion to Enforce Settlement Agreement. The claimant argued the parties reached a verbal settlement agreement that included all essential terms. The claimant’s attorney subsequently emailed the E/C’s attorney stating the claimant agreed to settle his claim for the figures discussed. The email further sought confirmation that the E/C remained responsible for unpaid bills and would issue a $2,000.00 advance to claimant. Although the claimant argued these additional terms... View More

(Fla. 1st DCA) (8-16-23) (Bill Rogner)Compensability/Arising out of. Sixteen months after the oral argument held at the Workers’ Compensation Forum in 2022, the First DCA finally issued its opinion in this case.  It reversed the JCC and ruled that the claimant’s injuries were not compensable.  The claimant was shot multiple times while at work.  Although seriously injured, he survived his wounds and filed for workers’ compensation benefits.  On the night of the shooting, he identified “Robert” as the assailant, but... View More

JCC Medina-Shore (Miami) (Brian Ricotta) (7-18-23A)- Denied PTD.  Claimant is a 66-year-old, bi-lingual Cuban immigrant. His prior work history involved driving tractor-trailers. Prior to the 8/24/21 DOA, the claimant had multiple prior injuries with the employer, but returned with the employer to full duty after each.  After the instant accident, the claimant had left shoulder surgery and was assigned a 40-pound left extremity restriction.  Post-accident, the claimant had not returned to work with the employer, nor had he found work... View More

JCC Weiss (Ft. Myers) (Tim Stanton)(7-14-23) – Awarded prevailing party costs to E/C. The E/C sought costs related to taking the claimant deposition.   The JCC rejected the claimant’s arguments that taking the deposition for discovery and impeachment purposes was insufficient alone to support awarding the charges as a cost. The JCC struck the portion of the costs sought for an expedited delivery charge for the deposition, although the claimant did not dismiss her PFB until two days prior to Final... View More

JCC Medina-Shore (Miami) (Tony Amelio) (6-30-23) – Granted E/C’s Motion to Enforce Settlement.  The claimant denied accepting a $7,500.00 settlement offer at telephonic mediation.  The JCC accepted the testimony of the claimant’s attorney and counsel for the E/C that the settlement offer was explained to the claimant in Spanish and he accepted same at mediation.  As such, a binding settlement was reached. Click here to view Order View More

JCC Newman (Tallahassee) (Matt Bennett) (6-20-23)– Denied claims for TPD, penalties, interest, attorney’s fees and costs. On June 8, 2022, the claimant severely injured and lost the tip of her right thumb when the door of a restaurant safe slammed shut and caught her thumb. The claimant was taken by ambulance to the Southeast Medical Center in Dothan, Alabama, where she came under the care of Dr. Patrick Guin, a board-certified orthopedic surgeon. The claimant was diagnosed with a traumatic... View More