Burton v. City of Hollywood / CorVel

HR Law Cases
JCC Ring (Fort Lauderdale) (Andy Borah) (4-27-2026) – Denied entitlement to E/C-paid fees and costs. The claimant is a firefighter who sustained two compensable accidents within the same month in June 2024. The first accident resulted in a PTSD condition after responding to a call with two gunshot wounds, including an infant victim. The second accident involves a back injury that required immediate surgery, so that claim was opened immediately. The claim for the PTSD condition was not opened until almost a year later when medical records were received documenting the PTSD condition. Before the opening of the PTSD claim, the claimant filed a PFB under the second date of accident requesting psychological treatment. The E/C denied and stated that the MCC of the need for the treatment was not the back injury. However, the E/C agreed to provide psych care while at mediation where the parties stipulated the psych care would be provided under the first date of accident. The claimant argued that the E/C opened the psych claim under a new date of accident to avoid attorney fees, which the JCC rejected, finding that the claimant himself agreed in the mediation agreement that the psych care was proper to be provided under the first date of accident.  The JCC denied the fee since the psych care was not provided under the date of accident that the claimant petitioned for and the JCC also rejected the claimant’s argument for fees based on the claimant’s medical records presented. Lastly, the JCC denied an additional request for fees per Fla. Stat. 440.30 for preparing for a deposition when there was no pending petition as the deposition was ultimately cancelled and did not occur.  Click here to view Order