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JCC Arthur (Tampa) (Scott B. Miller)(3-11-24)- Denied follow-up appointment, pain management, TTD and TPD. Theclaimant suffered a left-wrist injury as a truck driver when turning a handle to put down the landing gear on a trailer. E/C authorized orthopedic treatment with Dr. Gary Kitay who suspected carpal tunnel syndrome and wrist-flexor tendonitis. Dr. Kitay could not reach a specific diagnosis to explain his complaints after his failed response to injections, report of increase in symptoms with bracing, the diagnostic studies... View More

JCC Medina-Shore (Miami)(Andrew Borah)(1-30-24) – Denied contested attorney’s fee. The claimant filed two PFBs requesting various indemnity and medical benefits. The E/C later stipulated to the claimant’s attorney’s fees and costs for securing the benefits requested in the PFBs. The claimant’s attorney, however, filed a verified fee petition seeking an E/C paid-fee only on the first PFB. He did not include a fee amount concerning the second PFB. The JCC denied the claimant’s entitlement to the E/C-paid fee on the... View More

JCC Ring (Fort Lauderdale) (Andrew Borah) (1-29-24) – Denied contested attorney’s fee. The claimant’s attorney sought fee entitlement on the claimant’s PFB, which requested a follow-up appointment with Dr. Schillinger. The claimant asserted that they are entitled to an attorney fee since the return appointment with Dr. Schillinger did not occur within 30 days from the date the PFB was received. The JCC rejected this argument, finding case law does not require the appointment to occur within a certain time... View More

JCC Johnsen (West Palm Beach) (Evan Heffner)(1-25-24) – Denied all medical and indemnity claims. The pro se claimant alleged she was injured while in the course and scope of employment. She presented no documentary evidence at the Final Hearing. As her injuries were not readily observable and she presented no medical evidence, the JCC found that the claimant failed to meet her burden of proof that the industrial accident was the MCC of her alleged injuries. All claims for medical and... View More

Updated 1-24-24 Rudolph v. Darien Smith / Liberty  Mutual/ Home Depot , ___ So.3d ___ (Fla. 1st DCA 1/24/24)Attorney Fees/Reasonableness/JCC Discretion The DCA reversed the JCC’s award of attorney fees based on a customary hourly rate instead of the contingency fee amount agreed to by the claimant and his attorneys.  The DCA found no exceptional circumstances existed which would have allowed the JCC to justify a reduction in the statute’s presumptively reasonable fee. The claimant had been rendered a ventilator-dependent... View More