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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. Supreme Court Cases Giraldo v. AHCA, ___ So. 3d ___ (Fla. 7/5/2018) Medicaid... View More

Gregory D. White JCC Owens (Port St. Lucie)(6-11-18) – Awarded E/C paid Attorney’s Fees and Costs. Claimant’s attorney filed a Verified Petition for Fees and Costs seeking resolution of attorney’s fees awarded in the previously issued Final Compensation order. Claimant’s counsel sought to be paid $325 per hour, while the E/C argued the hourly rate was $225. At the claimant’s asserted hours and hourly rate, they were asking for an E/C paid fee of $31, 362.50. The original Verified Petition... View More

Andrew R. Borah JCC Hogan (Ft. Lauderdale) (6-8-18) – Denied Claimant’s Verified Petition for Attorney’s Fees and Costs. Claimant’s attorney filed a Verified Petition for Fees and Costs arguing that TPD benefits had been secured, which created entitlement to an E/C paid fee. When the adjuster responded to the PFB seeking TPD, the claimant had yet to be placed out of work. The claimant was placed out of work on the day following the filing of the Response to the... View More

Andrew R. Borah JCC Lewis (Fort Lauderdale)(6-5-2018) – Fee Amount Hearing – Claimant filed a Verified Petition for Fees, but did not include fees associated with securing compensability for Claimant’s right shoulder. Claimant sought to amend the Verified Petition at the hearing to include these attorney’s fees. E/C objected, arguing that allowing the fees to be added at the hearing would be unfair prejudice. The JCC sustained that objection. Additionally, Claimant sought fees for obtaining a one-time change physician on... 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 Meyers v. Pasco County School Board/Johns Eastern, (Fla.... View More

Andrew R. Borah JCC Massey (Tampa)(5-9-2018) – Denied compensability; denied claim for authorization of a primary care physician. Claimant alleged a repetitive trauma shoulder injury, allegedly due to excessive driving and carrying a bag of supplies, which included a laptop computer, books, toys, etc. The JCC accepted the opinion of E/C’s IME, Dr. Jerry Sher, over claimant’s IME, Dr. Michael Langone, in denying compensability of the accident as Dr. Langone primarily relied on the history of the claimant, which the... View More