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JCC Johnsen (West Palm Beach) (Evan Heffner)(1-25-24) – Denied all medical and indemnity claims. The pro se claimant alleged she was injured while in the course and scope of employment. She presented no documentary evidence at the Final Hearing. As her injuries were not readily observable and she presented no medical evidence, the JCC found that the claimant failed to meet her burden of proof that the industrial accident was the MCC of her alleged injuries. All claims for medical and... View More

Updated 1-24-24 Rudolph v. Darien Smith / Liberty  Mutual/ Home Depot , ___ So.3d ___ (Fla. 1st DCA 1/24/24)Attorney Fees/Reasonableness/JCC Discretion The DCA reversed the JCC’s award of attorney fees based on a customary hourly rate instead of the contingency fee amount agreed to by the claimant and his attorneys.  The DCA found no exceptional circumstances existed which would have allowed the JCC to justify a reduction in the statute’s presumptively reasonable fee. The claimant had been rendered a ventilator-dependent... View More

JCC Hedler (West Palm Beach) (Rex Hurley) (1-10-24)– Denied compensability of claimant’s disabling arterial and cardiovascular hypertension and/or heart disease. The E/C successfully rebutted the presumption by showing that a combination of non-work risk factors including HBP, uncontrolled long-standing diabetes, hyperlipidemia, obesity, smoking, family history and other risk factors caused the condition, disability and need for treatment. The claimant completed two days of 12-hour shifts and went to dinner. After dinner, he enjoyed a normal night’s rest when he was... View More

JCC Holley (Orlando) (12-18-23) (Matt Bennett) – Denied compensability, medical and indemnity benefits. Unrepresented claimant failed to submit any medical evidence to establish compensability of either of the two alleged accidents. The JCC specifically found that the claimant was not in the course and scope of employment when the second injury occurred as she had been terminated the day before and therefore, was not an employee and not covered by WC on the second date of accident. All claims denied... View More

JCC Grindal (St. Petersburg) (Scott Miller)(12-15-23) – Denied reimbursement for travel expenses. Compensable accident which rendered the claimant a tetraplegic, requiring 24-hour attendant care. The claimant traveled to Nevada for a family vacation and sought reimbursement for his nurses’ hotel and airfare, Hoyer lift rental, and handicap van rental while in Nevada. The issue framed by the claimant was whether the need for the trip itself was reasonable, medically necessary and causally related to the IA. Dr. Patel, the authorized... View More