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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

JCC Sancerni (Orlando) (Derrick Cox and Caitlin Golden) (6-12-23)– All benefits denied as barred by the statute of limitations.   Click here to view Order View More

JCC Weiss (Ft. Myers) (Andrew Borah) (6-2-23)– Denied compensability including claims for payment of hospital bills, indemnity and medical care. Claimant alleged to have pulled a muscle in his left leg at work. Claimant declined medical care for such alleged work injury. Nineteen days later, claimant was admitted into hospital unconscious and diagnosed with a staph infection in his left leg. Claimant remained hospitalized for months due to significant sequelae from the staph infection where, after the initial December discharge,... View More

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