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Montanez v. INVO PEO of Florida
HR Law Cases
JCC Stanton (Orlando) (Greg White) (11-20-24) –Denied compensability of the claimed 10/14/2022 accident.  The claimant alleged an accident on 10/10/2022 lifting a power pack causing back pain, but not severe, that continued up to a second accident on 10/14/2022 using a wrench to tighten a fitting, causing severe back pain. The employer sent him to Centra Care on 11/11/2022. Their records noted only a 10/6/2022 accident lifting a power pack. The E/C denied both accidents for discrepancies in the dates... View More
Lewis v. Modani Naples LLC / DBA Modani Furniture Naples / Technology Insurance Company
HR Law Cases
JCC Weiss (Fort Myers) (Brian Ricotta) (11-12-24) – Granted E/C’s Motion to Enforce Settlement.  The E/C filed a Motion to Enforce Settlement after the parties agreed to a lump sum settlement of $13,500.00, inclusive of attorney’s fees and costs. At the time of the hearing, the claimant’s attorney had withdrawn and filed a lien, but was present at the hearing. The claimant acknowledged the monetary terms of settlement but objected to specific conditions proposed in the settlement documents. The JCC... View More
Morgan v. Escambia County School District
HR Law Cases
JCC Holley (Jacksonville) – (Bill Rogner)(11-6-24)  – Denied continued medical treatment. The claimant, a school custodian for 29 years, suffered a compensable accident when changing a light bulb on a large light fixture. The E/C accepted compensability of her cervical/bilateral shoulder sprains. She received treatment with Dr. Lurate, who recommended an MRI. The MRI showed degenerative changes. Dr. Lurate placed the claimant at MMI, at which point she requested a one-time change in physicians.  The E/C authorized Dr. O’Grady. At... View More
Carter v. Southeast Personnel Leasing
HR Law Cases
JCC Pitts (Orlando) – (Bill Rogner) (11-5-24) – JCC denied all attorney’s fees; awarded costs.  The claimant filed a PFB requesting a second opinion. A Response to PFB was never filed. However, within 14 days of receipt of the PFB, the adjuster authorized and contacted the second-opinion physician. Due to delays by the doctor’s office, the appointment was ultimately scheduled and attended a little over two months after the PFB was filed.  The JCC denied fees for authorization of the... View More
Case Law Update November 2024
Case Law Updates
Updated 11-11-24 Miami Donuts/Dunkin Donuts/Liberty Mutual v. Villareal, ___So.3d ____ (Fla. 1st DCA 11/6/24) Grounds for Continuance/Abuse of Discretion The E/C accepted the claimant’s initial electrical shock injury.  Almost two years after her injury, she began developing significant neurological symptoms and underwent neurosurgery with Dr. Levi to remove tumors along her spine.  The E/C denied compensability of this subsequent condition and benefits.  Dr. Levi initially indicated the condition was not work-related.  After the claimant’s PFB, the doctor again stated the... View More