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Updated 6-28-24 Ongoing Compensability Palm Beach Cty. School Brd./Sedgwick v. Josaphat, ___So.3d___(Fla. 1st DCA 6/12/24) Claimant received initial treatment for a 1/21 compensable right-wrist sprain for several months.  A year after the last treatment, the E/C denied a request for additional orthopedic and PCP treatment.  The E/C asserted that no further treatment was warranted and ultimately the JCC awarded the requested treatment. The DCA reversed, analyzing the medical necessity, MCC and the claimant’s burden of proof. They held the claimant... View More

JCC Clark (Ft. Myers) (Andy Borah) (6-5-24) –  On rehearing, JCC denied requests for TTD/TPD, penalties and interest. JCC previously entered a Final Compensation Order awarding back TTD/TPD due to E/C increasing claimant’s AWW. E/C filed a Motion to Vacate, which JCC granted, then JCC entered a new Final Compensation Order denying TTD/TPD benefits since parties previously stipulated that claims for TTD/TPD benefits were resolved at mediation. JCC held the pending claim for increase in AWW was resolved in pretrial... View More

JCC Newman (Tallahassee) (Matt Bennett) (5-17-24) – The claimant’s attorney filed claims for authorization of a psychiatrist and TPD from the date of accident to the present and continuing.   The psychiatrist was authorized about 40 days after the PFB and the E/C conceded fee entitlement.   The E/C also conceded to pay $600.00 in TPD to resolve a few late payments and two weeks of disputed payments prior to the choosing to no longer work the available light duty.  The rest... View More

JCC Havers (Miami) (Andy Borah) (5-15-24) – Awarded partial attorney fees and costs. The E/C agreed at mediation to compensability of multiple body parts, but not the low back. The E/C stipulated to the claimant’s attorney’s fee entitlement for obtaining compensability of the body parts and medical treatment for such. The claimant’s attorney asserted additional fee entitlement for obtaining compensability of the low back and payment of TPD benefits. The claimant’s attorney retained a fee expert in support of his... View More