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Updated 5.28.24 Palm Beach County School District/Sedgwick v. Smith, ___So.3d ___ (Fla. 1st DCA 5/22/24) Prevailing Party Costs The parties attended mediation where the E/C agreed to accept and treat a tailbone injury, and the claimant dismissed claims for a low-back injury.  The Joint Stip agreed to attorney fees and costs as to the tailbone issue and further stated all other issues were resolved “with the exception of attorney fees and costs” which the JCC approved. The JCC then denied... View More

No DCA decisions this month. View More

JCC Anthony (Tampa) (Rex Hurley) (4-26-24) – Denied indemnity benefits, medical benefits and compensability. The claimant worked as a patrol sergeant for the Citrus County Sheriff’s Office. On April 26, 2023, he was on duty on the treadmill in the department gym when he felt a burning sensation in his chest. He also felt pain the following day at work while helping to unload metal poles. On April 28, 2023, he woke up, got out of bed and felt the same burning... View More

JCC Massey (Tampa) (Scott Miller) – (4-26-24) Denied authorization of left knee brace. The claimant injured his left knee on October 5, 2019, when a heavy piece of equipment fell off a table, bounced off the floor and struck the outside of the claimant’s knee. Prior to this accident, the claimant treated with Dr. Sellman for left-knee pain. The claimant underwent an MRI on January 9, 2019, which showed an MCL strain, mild osteoarthritis, chondromalacia patella and joint effusion. Following the... View More

JCC Kerr (Miami)(Andy Borah) (4-24-24) – Denied TTD, TPD, Spanish interpreter, transportation, PCP, CT scan for right ankle, psychologist, pain management, face injections. The claimant alleged injuries to his back, neck and shoulders due to repetitive heavy lifting. The E/C denied compensability arguing the claimant’s work duties were not the MCC of his medical condition or need for treatment. The JCC found the claimant was only required to lift on rare occasions and did not perform repetitive heavy lifting in... View More

JCC Newman (Tallahassee) (Richard Stoudemire) (4-1-24) – Denied all benefits based on statute of limitations defense. The claimant sustained injuries while performing construction work for his own company, a Georgia corporation. The claimant’s company subcontracted from Stanley Smith, Inc. His company presented a certificate of insurance to Stanley Smith, Inc., but the company only had coverage in Georgia, not Florida. The claimant initially only filed a Circuit Court tort action against the general contractor and a separate contractor, but not... View More