Gil v. Penguin Hotel Management, LLC / Associated Industries Insurance Company and AmTrust North America

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

JCC Weiss (Fort Myers) (Jonathan Cooley) (6-3-2025) – Denied attendant care and Ensure shakes. The claimant suffered an electrical shock injury, resulting in a left-arm amputation at the elbow and his left fifth toe being amputated. Ultimately, he underwent approximately 22 surgeries.  The claimant, a 27-year-old man, lives at home. He and his mom pushed the nurse practitioners to recommend home health care. However, the authorized plastic surgeon, Dr. Danker, did not write a prescription for home health care or... View More

JCC Jeffrey Jacobs (Miami) (Greg White) (3-20-2025) – Granted Motion to Enforce Settlement.  The parties settled the case at a state mediation. The agreement was for a $12,500.00 settlement inclusive of attorney’s fees and costs and for a separate attorney’s fee of $8,500.00 for past benefits obtained. Some issues arose about some of the language in the documents and the E/C filed a Motion to Enforce. At the motion hearing, the JCC found the essential terms remained, that the settlement... View More

JCC Anderson (Orlando) – (Derrick Cox) (3-19-2025) – Granted E/C’s Motion to Enforce Settlement.  The E/C filed a Motion to Enforce Settlement after the claimant, despite previously agreeing to a settlement amount of $24,900.00 at mediation while represented by counsel, refused to sign the necessary documentation due to second thoughts. At a motion hearing, the claimant acknowledged her agreement to the terms of the settlement and the JCC noted that a WC settlement is a binding contract once there is... View More

JCC Humphries (Jacksonville)(2-28-25) (W. Rogers Turner, Jr.) – Granted E/C’s Motion to Enforce Settlement.  The claimant’s attorney testified he reached a settlement with the claimant’s authority. The claimant also testified she agreed to settle her claim for $7,500 inclusive of a Miles fee of $1,875 and costs. After the settlement was reached the claimant was simply unhappy with the breakdown, which was insufficient to negate the settlement agreement of the parties.  Click here to view Order View More

JCC Holley (Jacksonville) (Matthew Bennett) (2-28-25) – Granted E/C’s Motion to Enforce Settlement Agreement. The parties entered into a settlement agreement whereby the E/C agreed to waive its lien on the third-party case related to the industrial accident. The claimant failed to sign the settlement documentation. The JCC found the claimant entered into a legally binding settlement agreement. The consideration for the settlement was the waiver of the E/C’s lien on the third-party case entered into by the claimant. Motion... View More

JCC Stanton (Orlando) (Derrick Cox) (12-20-24) – Granted E/C’s Motion to Enforce Settlement Agreement. The parties entered into a settlement agreement for $7,400.00 plus $100.00 general release with voluntary resignation of employment. The claimant ultimately refused to sign the settlement documents and failed to appear at the scheduled evidentiary hearing. Therefore, based on the testimony of counsel for the E/C and counsel for the claimant, the JCC found that the parties entered into an enforceable settlement agreement that could not... View More

JCC Sancerni (Orlando) (Derrick Cox) (12-13-24) – Denied authorization of transportation appropriate for electric wheelchair and attorney’s fees and costs. The claimant injured her right foot, which required assistive devices for walking. Dr. Marc Gerber aimed to have the claimant walk independently without any assistive devices. He prescribed a quad cane and a rolling walker with a seat, noting that the motorized scooter was no longer medically necessary. The claimant filed a petition to provide suitable transportation for her electric... View More

JCC Forte (Ft. Lauderdale) (Greg White) (12-2-24) – Granted E/C’s Motion to Enforce Settlement.  The parties engaged in settlement discussions via email and agreed to settle the claim for $5,000.00 inclusive, plus $100.00 for execution of a General Release and Resignation. The claimant never signed the settlement documents, and the E/C filed its Motion. The JCC granted the motion as claimant’s counsel testified that he had authority to agree to the settlement terms and the claimant did not attend the... View More

JCC Stanton (Orlando) (Greg White) (11-20-24) –Denied compensability of the claimed 10/14/2022 accident.  The claimant alleged an accident on 10/10/2022 lifting a power pack causing back pain, but not severe, that continued up to a second accident on 10/14/2022 using a wrench to tighten a fitting, causing severe back pain. The employer sent him to Centra Care on 11/11/2022. Their records noted only a 10/6/2022 accident lifting a power pack. The E/C denied both accidents for discrepancies in the dates... View More