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Avila v. Los Taquitos Mexican Food II, LLC
HR Law Cases
JCC Weiss (Ft. Myers) (Jonathan Cooley) (11-16-22) – Denied compensability.  Claimant was hired to work on a taco food truck after replying to a help wanted ad posted by “Los Taquitos Mexican Food.” The Claimant was hired by a person named Santos and earned $10 per hour cash; her job duties included cutting meat and making tortillas. On the accident date, the Claimant fell off the truck and broke her hand. The employer Los Taquitos Mexican Food II, LLC was owned... View More
Case Law Update November 2022
Case Law Updates
Updated 11-18-22 Manso v. Southeast Personnel Leasing, Inc.,  ___So.3d___(Fla.1st DCA 11/2/22) (Bill Rogner) The E/C utilized a peer review physician.  They then sought an IME.  The Claimant sought to quash the Order compelling the IME via a Petition for Writ of Certiorari.  The Claimant argued the E/C was seeking an alternate IME.  However, the E/C was only seeking an initial IME.  The Claimant’s Petition for Writ of Certiorari was denied.  Click here to view Order Wyatt v. Polk County Board of Commissioners,... View More
Jean v. Orange County Public Schools / USIS
HR Law Cases
JCC Pitts (Orl) (Rogers Turner)(11-8-22) – Denied for misrepresentation of prior medical history. The Claimant had an initially compensable low back injury. In deposition, she disclosed one prior MVA with chiropractic treatment limited to 3-5 visits as a precaution. She also denied any previous lumbar MRIs. In discovery, evidence of extensive chiropractic treatment with persistent low back and SI joint complaints and a lumbar MRI following the MVA 10 years earlier was secured. Additional records were discovered showing even more... View More
Manso v. Southeast Personnel Leasing / Packard
HR Law Cases
(Fla.1st DCA 11/2/22) (Bill Rogner) The Claimant’s Petition for Writ of Certiorari was denied. The E/C utilized a peer review physician.  They then sought an IME.  The Claimant sought to quash the Order compelling the IME via a Petition for Writ of Certiorari.  The Claimant argued the E/C was seeking an alternate IME.  However, the E/C was only seeking an initial IME.  Click here to view Order View More
Tyler v. Good Wheels, Inc. / PMA Insurance Group
HR Law Cases
JCC Weiss (Ft. Myers) (Derrick Cox) (11-2-2022)– Granted E/C’s Motion to Appoint EMA.  The JCC found there was a dispute over the need for a total knee replacement surgery between Dr. Markovich and Dr. Mehalik.  The JCC appointed Dr. Ellowitz as the EMA.  Click here to view Order View More