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Rex A. Hurley JCC Anderson (Daytona Beach)(2-20-19) – Denied Claimant’s Emergency Motion to Prevent Ex Parte Doctor Conference, finding 1994 and 2003 amendments to section 440.13(4)(c), Florida Statutes, effectively overruled the holding in Holiday Inn vs. Re., 643 So. 2d 13 (Fla. 1st DCA 1994). See JCC Lewis’s July 24, 2012, order in Kelly-Olayemi v. Broward County School Board, OJCC No: 10-027527DAL. The JCC noted that any ex parte doctor conference must be limited to a discussion of conditions relating... View More

Scott B. Miller JCC Sojourner (Orlando)(2-20-19) – JCC denied claimant’s claim for reclassification of PTD to TTD. Claimant was 73 years old at the time of the accident. She was placed at MMI and voluntarily accepted as PTD. The claimant’s PTD benefits under section 440.15(1)(b) are limited to five years. The claimant then underwent surgery and MMI was rescinded for a period of weeks. The claimant argued PTD should be suspended and TTD benefits paid until the claimant was again... View More

Robert J. Osburn JCC Sojourner (Orlando) (2-7-19) – Granted Motion to Enforce Settlement. The parties entered into a settlement agreement which the claimant later refused to execute. The JCC found the claimant gave full authority to his attorney to accept this settlement and his change of heart was not a proper basis to overturn the settlement.View JCC Merits Order View More

Paul T. Terlizzese JCC Johnson (West Palm Beach) (2-5-19) – Denied orthopedic specialist, awarded occupational medical specialist of claimant’s choice. The E/C initially authorized Concentra, and several of their physicians saw the claimant. On 7/28/17, Dr. Green, at that facility, placed her at MMI with a 0% rating. The claimant requested a one-time change from Dr. Green and the E/C timely authorized Dr. Rodriguez at MD Now, another walk-in-clinic. The next day (also timely) the E/C authorized Dr. Rosenthal of... View More

Scott B. Miller JCC Stanton (Gainesville) (2-4-19) – Denied claim pursuant to 440.105(4)(b)(1) and 440.09(4)(a). Claimant reported to multiple physicians, including the E/C’s IME, Dr. Chaumont, he was in continuous pain (left arm), at a pain level of 7 or higher at all times, could not use his left arm at all and wore a sling most of the time. Surveillance showed the claimant freely using his left arm. Dr. Chaumont testified the surveillance was completely inconsistent with the claimant’s... View More

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. NO DCA DECISIONS YET FOR FEBRUARY HRMCW Cases JCC Stanton (Gainesville)(Scott Miller) (2-4-19)... View More