Resources

JCC Case – West Palm Beach – (Paul Terlizzese) (8-19-22) – Denied authorization of left knee MRI.  The JCC found the need for the left knee MRI was due to a subsequent intervening accident at home.  The claimant’s IME, Dr. Elkhechen, opined the claimant’s knee gave way due to her work injury causing her subsequent fall.  The JCC accepted the opinion of the authorized treating physician, Dr. Lazarus, over the opinion of Dr. Elkhechen.  Dr. Lazarus opined the claimant’s knee... View More

Updated 8-19-22 Tiburcio v. Hillsborough County Sheriff’s Office/Commercial Risk, ___ So.3d___(Fla. 1st DCA 8/17/22)Section 112.18(1)(a) Presumption/Reverse Presumption The DCA reversed the JCC’s denial of compensability of First Responder heart disease.  The JCC found that the heart disease was accidental and in the line of duty, but denied under subsection 112.18(1)(b)1.a’s  “reverse presumption” (where the claimant departs in material fashion from his prescribed course of treatment). The DCA noted the reverse presumption requires the material departure from prescribed treatment requires the treatment... View More

Updated 8-1-22 DFS Recission Recently, the Division of Worker’s Compensation rescinded a memo, originally issued 3/31/20, which stated that a carrier’s refusal to pre-authorize and pay for medication prescribed and dispensed by a physician was inappropriate and contrary to law.  The Division recission was the result of a settlement of an administrative action that alleged the Division’s memo was procedurally and substantively defective.  The Division’s recission of the memo is effective to the date it was issued and states the bulletin... View More