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Felix v. Tampa Airlines / Broadspire Services / Zenith
HR Law Cases
JCC Jacobs (Orlando) (Andy Borah) (6-19-23)– Awarded significant decrease in requested attorney’s fees and costs. Claimant’s counsel represented the claimant from October 2006 through October 2013. He claimed entitlement to attorney’s fees and costs from the E/C for allegedly securing compensation and medical benefits in the total amount of $156,220.00 through the prosecution of six PFB’s. Claimant’s counsel argued that he and the attorneys in his firm spent 470.45 hours of time and labor to secure benefits for claimant and... View More
Valdes v. Well Path Recovery Solutions / ESIS
HR Law Cases
JCC Medina Shore (Miami) (Brian Ricotta) (6-19-23) – Denied claimant’s Motion for $7,500.00 Advance. The claimant suffered a compensable left knee injury and was placed at MMI with a 1% PIR on July 2, 2019. The following year the claimant made initial complaints of right hip pain. The E/C denied compensability of the claimant’s right hip and the claimant sought unauthorized care with Dr. Van der Ven, who recommended in November of 2022 that she undergo a total right hip... View More
Case Law Update June 2023
Case Law Updates
Updated 6-27-23 Friesen v. State of Florida Highway Patrol/Div. of Risk Mgmt., ___ So.3d___ (Fla. 1st DCA 6/21/23)Heart/Lung Statute/Disability/Occupational Disease The DCA affirmed the JCC’s ruling that the claimant failed to satisfy the disability element required to prove compensability under F.S. s. 440.151(1).  After completing a pre-employment physical in 2001, the claimant was evaluated by his PCP in 2008, diagnosed with hypertension, taken out of work for a few days and prescribed medicine. No WC claim was filed nor were... View More