Resources

Scott B. Miller JCC Weiss (Ft. Myers)(2-2-2018) – Denied all claims with prejudice. The claimant allegedly contracted lung disease due to exposure to cement dust and sought medical benefits as well as PTD. The E/C’s IME related the lung issues to rheumatoid arthritis, while the claimant’s IME testified the claimant had chronic bronchitis and interstitial lung disease due to his work in the cement industry. The JCC denied the claimant’s multiple objections to the E/C’s toxicology and industrial hygiene experts.... View More

Andrew R. Borah JCC Havers (Miami)(1-17-18) – Misrepresentation Defense; Claims denied with prejudice; PFB’s dismissed with prejudice. Claimant was a CNA at a nursing home for 33 years. Claimant alleged that she was pushed down to the ground while attempting to bathe a resident. E/C argued that Claimant was not pushed down by a resident, but fainted. E/C authorized Dr. Krestow, who placed Claimant at MMI with a 0% PIR. Shortly after being placed at MMI, the claimant was discharged... View More

Scott B. Miller JCC Walker (Panama City)(1-17-18) – Denied contested attorney fee. Former attorney sought fee entitlement based on two PFB’s, where the E/C failed to provide benefits in a timely manner. E/C argued that there was no fee entitlement, as the PFB’s were previously denied by an earlier order from the JCC (specifically, the retired JCC Roesch). The JCC granted the E/C’s Motion to Compel Verified Petition for Attorney’s Fees and Costs regarding the two PFB’s in question. Claimant... View More

Gregory D. White JCC Owens (Port St. Lucie)(1-16-18) – Denied surgery and compensability of right leg, awarded TPD and granted compensability of low back and right hip. Claimant injured his back while lifting lumber. The authorized surgeon ultimately recommended a right L2-3 transpedicular microdiskectomy. The E/C IME opined that Claimant was at MMI with no impairment rating and no work restrictions. The EMA evaluated Claimant roughly one year post-injury, and opined that while heavy lifting was the cause of his... View More

Andrew R. Borah JCC Medina-Shore (1-11-18) – Denied compensability. The claimant alleged a repetitive trauma injury to the right wrist working as a housekeeper for about 2 months with Employer. The E/C denied all benefits asserting MCC. The claimant argued the E/C was estopped from raising the defense as they failed to comply with the 120 day pay and investigate provision of 440.20(4). The E/C’s Response to the first PFB accepted compensability of the accident under the 120 rule and... View More

Anthony M. Amelio JCC Almeyda (Miami)(1-4-18) – Denied Motion for Advance. Claimant alleged a back injury working as a high-rise window washer. His salary ranged from $550 to $1300 per week. The Urgent Care restricted him to “light duty”. He alleged this allowed him to still hang from a harness, but not to carry the weight of a full bucket of water, limiting the windows he could clean. He requested light duty work but received no accommodation. On cross-examination he... View More