Resources
Resources
Seepaul v. Wayne Akers Ford / MEMIC
JJCC Hill (WPB) Andy Borah (9-11-24) – Awarded significantly reduced attorney’s fees/costs of $18,763.67. The claimant filed a Petition seeking authorization of psychiatrist located closer to the claimant’s residence. The parties came to a compromise by finding an alternative psychiatrist willing to provide his services via Zoom. This occurred more than 30 days after filing of the PFB. The JCC held that although the alternate doctor was farther away from the claimant geographically, the basis of the request was for an alternate doctor; therefore... View More
Case Law Update July 2024
Updated 8-5-24 Captain D’s LLC v. Unified Brands/Akins, ___So.3d___ (Fla. 6th DCA 7/12/24) WC Liens/Equitable Distribution/Competent Evidence The DCA reversed the trial judge’s reduction of an employer’s full value of their WC lien on the employee’s third-party recovery. The parties appeared at an Equitable Apportionment hearing. The employer’s lien amount is to be determined pursuant to F.S. s. 440.39 and by the “Manfredo Formula,” which requires evidence regarding the alleged full value of the third-party case, and then the actual... View More
Schmidt v. Holiday Beach Rentals, Inc. / Amerisure
JCC Walker (Pensacola) (Matt Bennett) (7-1-2024) – Denied TPD benefits due to claimant not meeting her initial burden of demonstrating a causal connection between the compensable injury and the subsequent loss of income. The claimant had returned to work post-accident with her restrictions accommodated. However, the claimant’s attendance was “not good,” and she missed a lot of work and left work early many times. She ended up losing her job as a result of poor attendance. If not for the... View More