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JCC Anderson (Orlando)(Rex Hurley) (3-22-24)– Denied compensability of heart claim.  The claimant sought compensability of heart disease pursuant to the presumption under 112.18(1)(a).  For the presumption to apply, the claimant had to pass a preemployment physical exam upon entering his employment as a full-time law enforcement officer.  The claimant passed a preemployment physical in 1999 when he first began to work as a full-time law enforcement officer.  He voluntarily switched to a part-time, non-covered law enforcement position.  He returned to... View More

JCC Clark (Fort Myers) (Jonathan Cooley) (3-18-24) – Allowed E/C to transfer the claimant from NeuroRestorative in Sarasota to Hogar Dulce Hogar in Naples. The claimant was injured in a fall resulting in partial paralysis and in-patient admission to Gulf Coast Medical Center in Fort Myers. The claimant underwent spinal fusion surgery and was transferred to Brooks Rehab in Jacksonville and then to Neurorestorative in Sarasota. NeuroRestorative discharged the claimant on 12/1/23 and detailed recommendations for further rehab and assistance. The... View More

JCC Clark (Ft. Myers) (Jonathan Cooley) (3-19-24)  – Denied and dismissed Petition with prejudice based on statute of limitations. The claimant slipped and fell injuring both upper extremities. She treated with primary care, orthopedic surgeon, pain management and a neurosurgeon.  The claimant retired from the employer on July 18, 2022, however, she stopped working prior to that date and the last entry on the payout ledger was 7/4/22. The claimant filed a PFB on 9/18/23 for authorization of orthopedic care,... View More

No DCA decisions this month as of 3-15-24. View More

JCC Clark (Ft Myers)– Jonathan Cooley (2-28-24) – Denied all benefits due to SOL – After the E/C met their prima facie case to establish SOL, the unrepresented claimant provided no evidence to rebut the E/C’s position. In fact, the claimant proffered no evidence whatsoever. Click here to view Order View More

Kulzer v. Sarah Way/Greenleaf Trust, ___So.3d ___(Fla. 5th DCA 2/2/2024) Employer Vicarious Liability/Course and Scope Sarah Way was employed by Greenleaf, and her duties were to inspect and prep condo units for sale. During her workday travel, she negligently collided with Kulzer, who then sued Way and Greenleaf.  The trial court granted summary judgment in favor of Greenleaf as to vicarious liability, finding Way was not in the course and scope of her employment, based, in part, on the going-and-coming... View More