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Vargas-Cabrera v. Standard Pacific of Florida G.P., Inc. dba CalAtlantic Homes (Lennar) / Broadspire (E/C #2)
HR Law Cases
JCC Dietz (Sebastian) (Derrick Cox for E/C #2) (7-15-2020) – In a bifurcated trial to determine employer/employee relationship, the JCC determined the claimant was an employee of E/C #1, of three prospective employers. The JCC accepted the testimony of the foreman and sole witness for E/C #1 that the claimant was hired and in the course and scope of employment when he fell off a ladder, sustaining serious injuries. Further, the JCC found initial payment of prescriptions, as well as... View More
Ossa v. Colour Republic, LLC and AmTrust North America of Florida
HR Law Cases
JCC Medina-Shore (Miami)(Evan  Heffner)(6-23-2020)– Awarded E/C prevailing party costs. The JCC dismissed Claimant’s PFBs following a final hearing, and the E/C sought to recover taxable costs as the prevailing party.  The Claimant argued that E/C’s motion to tax costs was untimely.  However, the JCC found no applicable statutory time limit for seeking taxable costs. Click here to review order View More
Pasquet v. Taylor McKensie Developers, LLC / Frank Winston Crum Insurance
HR Law Cases
JCC Ring (Ft. Lauderdale) (Paul Luger)(6.22.2020)Granted Motion for Summary Final Order.  The JCC considered the affidavits and evidence presented, and found there was no dispute that on the date, the claimant had not been accepted as an employee of the employee leasing company, and thus all claims against the leasing company and their carrier were dismissed.  Click here to review order View More
Elias v. YRC Freight-Miami and YRC Worldwide / Sedgwick CMS
HR Law Cases
JCC Medina-Shore (Miami)(Scott B. Miller)(6.22.2020) – Denied compensability based on running of SOL.  The JCC found Claimant’s PFB was not filed until more than two years after the expiration of the SOL. Factors taken into consideration of expiration of the SOL included notice of the SOL via informational brochure, last payment of indemnity benefits, and last medical benefit paid.  Claimant alleged the E/C were estopped from asserting the SOL under multiple theories.  First, Claimant argued that an administrative order had... View More
O’Connor v. Consulate Health Care/Gallagher Bassett Services, Inc.
HR Law Cases
JCC Weiss (Ft. Myers)(Paul T. Terlizzese)(6.18.2020)—Denied claims for continued treatment.  The E/C accepted a thoracic and lumbar strain.  Dr. Tucci (pain management) placed the claimant at MMI on 1/6/14 with a 0% and full duty release.  Dr. Moyer (neurosurgeon) evaluated her on 7/18/14 and referred her to Dr. Valente for injections.  Dr. Valente administered injections and deferred recommendations and MMI to Dr. Moyer.  Dr. Moyer recommended surgery for a herniation at L6-S1 on 7/17/15 for which the claimant was indecisive. ... View More