Resources

Derrick E. Cox JCC Dietz (Sebastian)(9-7-18) – Denied presumption per Fla. Stat. 112.18(1), denied compensability and medical care. The claimant worked for Brevard County as a solo fire medic and certified firefighter. He submitted a pre-employment physical which showed no hypertension. Four years later, he was diagnosed with hypertension. On the date of injury, he received a doctor’s note and was excused from work “for medical reasons” after feeling ill and elevated blood pressure. Parties stipulated the claimant was a... 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. District Court of Appeal Cases Employbridge/Gallagher Bassett v. Rodriguez, (Fla. 1st DCA 2018)... View More

Pault T. Terlizzese JCC Arthur (Lakeland) (8-23-18) – Granted E/C’s Motion to Enforce Settlement.View JCC Merits Order 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 as of August 10th Please note that the DCA Opinions... View More

William H. Rogner JCC Sculco (Orlando)(7-18-18) – Granted E/C’s motion to dismiss the portion of the PFB requesting treatment for the back, pursuant to 440.192(2)(i). Because the claimant was under the care of a physician for one of the several claimed injuries, the claimant is required to attach a copy of the physician’s recommendation for treatment of the claimed care, in this instance, the back. Since no such recommendation was attached, the claim for authorization of back treatment was dismissed,... View More

William H. Rogner Altemar v. Lifespace Communities Inc./Sentry Claims,(Fla. 1st DCA 7/9/18) Expert Medical Advisors/Presumption of Correctness The DCA rejected all other issues on appeal and cross-appeal, and ruled only that the JCC inappropriately accorded a presumption of correctness to EMA with regard to the Claimant’s need for attendant care, as the evidence did not demonstrate a sufficient disagreement in the opinions of the health care providers on that ground. They held the E/C’s IME did not render a definitive... View More