Resources

JCC Lewis (Fort Lauderdale) (6-1-23) (Andy Borah) – Awarded sanctions against claimant’s attorney. Compensability of an alleged 1/27/2022 lumbar injury was adjudicated and denied for untimely notice and the only medical evidence presented established that the MCC of any disability or need for treatment was due to the claimant’s pre-existing conditions. The claimant’s lawyer also filed a petition asserting a different date of accident of 4/29/2022 with the Employer, alternatively alleging a repetitive back injury. However, the claimant did not... View More

JCC Walker (Pensacola) (5-31-23) (Matt Bennett) – Denied adjustment to AWW.  The claimant sought to include seasonal wages from her former seasonal job in her AWW. The claimant worked for the Employer as an airline ramp agent. Prior to that, she had worked as a server at a restaurant, but she quit her restaurant job before she began working for the Employer. Her work accident occurred five months later. She was only working with the Employer on the date of... View More

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