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Case Law Update July 2025
Case Law Updates
Guglielmo v. State of Fla.-Doc Zephyrhills C I/ Div. of Risk Mgmt. (Fla.1st DCA 7/30/25)Presumption Claims/Date of Accident/AWW The DCA reversed the JCC’s holding in this presumption case which found that although the claimant was eligible for five days of TTD and IBs at an 11%, he was due no benefits because his AWW was zero, as he was not an employee on the date of accident.  The claimant worked for the Department of Corrections (DOC) for almost two years before voluntarily... View More
Joseph v. Consulate Health Care d/b/a Hillcrest Nursing & Rehabilitation Center / XL Specialty Insurance Company and Alternative Service Concepts
HR Law Cases
JCC Forte (Ft. Lauderdale) (Paul Terlizzese) (6-26-2025) – Denied treatment of the right knee and neurologic disorder but awarded a walker. The claimant had a compensable injury to her left knee which resulted in three surgeries. Four years after the accident, she began complaining of right-knee pain and the authorized surgeon, Dr. Riley, prescribed PT and injections for the right knee, which the E/C denied as not a compensable body part. The JCC found no medical documentation of when the... View More
Hoehn-Lewis v. HCA Florida North Florida Hospital / Broadspire Services
HR Law Cases
JCC Holley (Jacksonville) – (Matthew Bennett) (6-16-25) – Denied compensability and authorization of orthopedic specialist to treat the claimant’s upper extremities. The JCC found that the claimant’s IME physician, Dr. Shea, who opined that the major contributing cause of the claimant’s wrist conditions — bilateral wrist tenosynovitis, bilateral carpal-tunnel syndrome status post-carpal tunnel syndrome release and recurrent right carpal-tunnel motor nerve compression — was repetitive trauma associated with her occupational duties. Dr. Rogozinski, the E/C’s IME, opined that the major... View More
Gil v. Penguin Hotel Management, LLC / Associated Industries Insurance Company and AmTrust North America
HR Law Cases
JCC Havers (Miami) – (Andrew Borah) (6-9-25) – JCC denied claims for compensability and treatment for left shoulder due to being barred by res judicata. The claimant was a 75-year-old housekeeper who slipped and fell on her back. The claimant received emergency treatment for a T-12 fracture and then subsequently complained of left-shoulder pain, however, E/C only accepted compensability of T-12 fracture and provided authorized treatment for such. After providing years of treatment, E/C issued a denial for all further treatment... View More