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Glazier v. KRK Enterprises / AYS Employee Leasing / AmTrust North America of Florida
HR Law Cases
JCC Dietz (Sebastian) (Paul Terlizzese)(12-29-21) – Denied Medical Benefits. The claimant sought authorization of lumbar facet injections as recommended by his IME Dr. Krost as well as a lumbar fusion as recommended by authorized physician, Dr. Popp.  The E/C asserted a number of defenses including medical necessity, major contributing cause and apportionment.  EMA Dr. Lenard opined that there was no objective sign of any lumbar injury related to the work accident, that no more lumbar injections were reasonable, medically necessary... View More
Velazquez v. Kids Medical Services, Inc. / FFVA Mutual
HR Law Cases
JCC Stephenson (West Palm Beach)(Tony Amelio)(12-22-21) – Denied NCM non-party’s motion for sanctions for attorneys’ fees/granted the non-party’s motion for costs to be paid by the claimant. The NCM claimed the claimant was engaging in abusive discovery practices over the course of three years where depositions were set, reset and then cancelled, followed by motions to compel, in-camera inspections, etc. The JCC found that although the claimant’s actions and discovery tactics were very aggravating, they did not rise to abusive... View More
Case Law Update December 2021
Case Law Updates
Updated 1-3-21 Ranger Construction/Travelers v. Brand, (Fla. 1st DCA 12/1/2021)Final Orders/Competent, Substantial Evidence The DCA made short work of the E/C appeal alleging the JCC erred in finding a compensable injury occurred. Noting “formidable evidence” of an injury by accident, the appellant pointed only to inconsistencies in that proof. The DCA noted that numerous decisions provide the standard of review in WC cases of “the existence of competent, substantial evidence supporting the decision.” Citing contradictory record evidence is simply insufficient.  The... View More
Lenny Lopez v. Southeast Personnel Leasing / Packard Claims
HR Law Cases
JCC Sojourner (Orlando) (Bill Rogner) (12-2-21) – Denied all claims due to misrepresentation.  The JCC denied the claimant’s attempt to offer a second IME report into evidence, obtained at the 11th hour. The claimant testified that when he appeared for an appointment with Dr. Jager five minutes late, he was turned away. Dr. Jager testified that he did in fact see the claimant, and provided details he could have only obtained from the claimant.  The JCC rejected the claimant’s credibility.... View More