Resources

JCC Forte (Fort Lauderdale) (5-30-23) (Andy Borah) – Denied death benefits. The E/C filed a Motion for Summary Final Order asserting that the decedent’s 25-year-old daughter was not entitled to death dependency benefits as a matter of law due to her age and based on her deposition testimony that she is not physically or mentally incapacitated from earning a living and has a history of gainful employment. The claimant presented no evidence to refute the E/C’s position that she has... View More

(Fla.1st DCA 2023) (5-31-23) (Bill Rogner) Statute of Limitations The 1st DCA affirmed the JCC’s finding that the SOL had expired and that the claimant failed to present evidence that the statute had been tolled. The claimant originally injured her kidney in a compensable 2003 accident. She continued to receive authorized care thereafter. In 2015 her care was transferred to Dr. Young, who saw her on an authorized basis from 2015 through 2019. The carrier last paid for authorized treatment... View More

JCC Medina-Shore (Miami) (Andrew Borah) (5-24-23) – Denied E/C paid attorney’s fees. The JCC found the E/C timely authorized the medical care requested in the 3/28/19 PFB. The 3/28/19 PFB requested authorization of a PCP in Miami. The claimant moved to NC and filed a new PFB on 4/22/19 in NC requesting authorization of a PCP in NC. The E/C agreed to authorize Concentra in NC at mediation 1.5 months later. The E/C agreed to fees/costs on the 4/22/19 PFB.... View More

JCC Young (St. Petersburg) (Andrew Borah) (5-24-23) – Denied TPD/TTD. The claimant treated with Dr. Brotherton until 11/9/22 when she was placed at MMI and referred to pain management. Dr. Zaffer was authorized and he noted he was treating the claimant palliatively but also placed the claimant on work restrictions. On 3/27/23 he placed the claimant at MMI from a pain management perspective. He was deposed and asked whether it was his hope he could provide the claimant with lasting... View More

JCC Pitts (Orlando) (Sofia Rogner) (5-23-23) – Granted E/C’s Motion to Enforce Settlement Agreement. The claimant was involved in two different industrial accidents with the same employer. Between the two dates of accident, the employer changed carriers. The parties scheduled and held a global mediation conference on November 30, 2022; at the end of which they reached a settlement agreement. The settlement documents were sent to the claimant, which she refused to sign.  The claimant did not appear nor testify... View More

JCC Hedler (West Palm Beach) (Sofia Rogner)(5-18-23) – Denied all benefits based on MCC, Res Judicata/Two Dismissal Rule and Misrepresentation.  The E/C’s IME, Dr. Stein, opined the MCC of the claimant’s injuries were preexisting and accepted by the JCC. The claimant, through his prior and current attorney, had voluntarily dismissed at least three PFB’s, with accident descriptions and dates, which were either the same or similar.  The claimant had a history of bilateral hand treatment which he denied in deposition,... View More