Karwaski v. CORA Physical Therapy Palm Coast / MEMIC

JCC Humphries (Jacksonville) (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

JCC Weiss (Fort Myers) (Brian Ricotta) (11-12-24) – Granted E/C’s Motion to Enforce Settlement.  The E/C filed a Motion to Enforce Settlement after the parties agreed to a lump sum settlement of $13,500.00, inclusive of attorney’s fees and costs. At the time of the hearing, the claimant’s attorney had withdrawn and filed a lien, but was present at the hearing. The claimant acknowledged the monetary terms of settlement but objected to specific conditions proposed in the settlement documents. The JCC... View More

JCC Holley (Jacksonville) – (Bill Rogner)(11-6-24)  – Denied continued medical treatment. The claimant, a school custodian for 29 years, suffered a compensable accident when changing a light bulb on a large light fixture. The E/C accepted compensability of her cervical/bilateral shoulder sprains. She received treatment with Dr. Lurate, who recommended an MRI. The MRI showed degenerative changes. Dr. Lurate placed the claimant at MMI, at which point she requested a one-time change in physicians.  The E/C authorized Dr. O’Grady. At... View More

JCC Pitts (Orlando) – (Bill Rogner) (11-5-24) – JCC denied all attorney’s fees; awarded costs.  The claimant filed a PFB requesting a second opinion. A Response to PFB was never filed. However, within 14 days of receipt of the PFB, the adjuster authorized and contacted the second-opinion physician. Due to delays by the doctor’s office, the appointment was ultimately scheduled and attended a little over two months after the PFB was filed.  The JCC denied fees for authorization of the... View More

JJCC Hill (WPB) Andy Borah (9-11-24) – Awarded significantly reduced attorney’s fees/costs of $18,763.67. The claimant filed a Petition seeking authorization of psychiatrist located closer to the claimant’s residence. The parties came to a compromise by finding an alternative psychiatrist willing to provide his services via Zoom. This occurred more than 30 days after filing of the PFB. The JCC held that although the alternate doctor was farther away from the claimant geographically, the basis of the request was for an alternate doctor; therefore... View More