Resources

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

Ortiz v. Winn-Dixie/Travelers/Sedgwick,___ So.3d___(Fla.1st DCA, 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

Updated 5-3-23 Jody Wolfe v. Lily M. Ruby, 1D22-3289 (Fla. 1st DCA 4/5/2023) Subject Matter Jurisdiction The claimant (Ruby) filed a PFB alleging an injury while housekeeping for Wolfe. Wolfe moved for summary final order (MSFO) seeking dismissal of the case for lack of SMJ on grounds that FS 440.02(17)(c)(1) expressly excludes housekeeping services in private homes from the definition of employment. A supporting Affidavit attested that Wolfe does not operate a business at her residence, does not employ four... View More