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Gillis v. Sysco Foods / Southeast Florida / American Zurich Insurance Company / Corvel
HR Law Cases
JCC Johnsen (West Palm Beach) (Brian Ricotta) (4-13-23) Granted the E/C’s Motion for Prevailing Party Costs in full. The E/C sought prevailing party costs of $1,352.50.  The claimant objected to two pre-depo doctor conferences totaling $500.00.  The JCC found awarding these costs were within his discretion.  The JCC awarded the full costs sought, including the two pre-depo conference fees.  Click here to view Order View More
Gil v. Penguin Hotel Management / Associated Industries Insurance Company / Amtrust
HR Law Cases
JCC Medina-Shore (Miami-Dade) (Andy Borah) (2-21-23) – Denied follow-up appointment. Dr. Rajadhyaksha treated the claimant for a compression fracture of the T12 level. After the fracture healed, he opined the industrial injury was no longer the MCC of her complaints and need for continued treatment and told her to follow up with her personal physician for her degenerative spinal arthritic condition. Dr. Langone, the claimant’s IME, opined that the support mechanism of the thoracic cage was altered and the claimant... View More
Ponce v. NSPIRE Healthcare Kendall / XL Specialty Insurance Company
HR Law Cases
JCC Kerr (Miami)(Paul Terlizzese) (2-9-23)- Denied claimant’s motion for advance. The JCC found the claimant had no work restrictions from an authorized treating physician. While the claimant no longer worked for the employer, she failed to prove that this was a result of the industrial injury as she testified that she intended to look for part-time work in lieu of her employment even before the accident. The claimant failed to show she was behind in her monthly bills. The JCC... View More
Williams v. Brevard County Rescue / Preferred Governmental Claims Solutions
HR Law Cases
Williams v. Brevard County Fire Rescue/PGCS,___ So.3d___  (Fla.1st DCA 12/28/22) First Responder/PTSD (Derrick Cox and Bill Rogner) The DCA affirmed the JCC’s denial of the claimant’s  § 112.1815(2)(a)3 claim, finding that the JCC correctly relied upon the psychiatric IME’s opinion that the accident did not give rise to any need for treatment due to PTSD or any other compensable mental injury. This opinion further clarifies the legal standard for PTSD and other mental-only claims for first responders under F.S. 112.1815.Click... View More
Alceus v. Consulate Health Care / Alternative Service Concepts
HR Law Cases
JCC Grindal (Sarasota) (Paul Terlizzese) (12-14-22) – Denied claim for TPD.  The JCC found the claimant resigned from suitable post-injury employment.  The JCC further found the employer continued to have suitable employment within the claimant’s physical restrictions up through the date of MMI.   Click here to view Order View More