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JCC Arthur (Tampa) (Paul Terlizzese) (10-9-23) – Denied PTD benefits, TTD benefits and impairment benefits. In this claim, defended by HR Law Shareholder Paul Terlizzese, the claimant was a registered nurse who injured her back during a patient transfer.  She had low back surgery.  The claimant reached MMI in March 2020.  The claimant’s permanent work restrictions included no lifting or carrying greater than 10 pounds and no repetitive bending or twisting.  A later FCE indicated the claimant could occasionally lift... View More

JCC Anthony (Tampa) (Bill Rogner) (9-27-23)– Denied payment of medical bill, authorization of orthopedic specialist, authorization of physical therapy and authorization of lumbar spine MRI. The claimant initially reported no injuries after a minor work-related motor vehicle accident. Subsequent to his termination for causing the accident, he alleged lower back and neck injuries. The E/C’s IME, Geoffrey Cronen, M.D., opined that the claimant suffered no injury in the accident. The claimant’s IME, Elaine Blair D.C., opined that the claimant sustained... View More

JCC Clark (Ft. Myers) (Rex Hurley & Jonathan Cooley) (9-22-23)- Denied claimant’s Motion to Enforce Settlement Agreement. The claimant argued the parties reached a verbal settlement agreement that included all essential terms. The claimant’s attorney subsequently emailed the E/C’s attorney stating the claimant agreed to settle his claim for the figures discussed. The email further sought confirmation that the E/C remained responsible for unpaid bills and would issue a $2,000.00 advance to claimant. Although the claimant argued these additional terms... View More

(Fla. 1st DCA) (8-16-23) (Bill Rogner)Compensability/Arising out of. Sixteen months after the oral argument held at the Workers’ Compensation Forum in 2022, the First DCA finally issued its opinion in this case.  It reversed the JCC and ruled that the claimant’s injuries were not compensable.  The claimant was shot multiple times while at work.  Although seriously injured, he survived his wounds and filed for workers’ compensation benefits.  On the night of the shooting, he identified “Robert” as the assailant, but... View More

JCC Medina-Shore (Miami) (Brian Ricotta) (7-18-23A)- Denied PTD.  Claimant is a 66-year-old, bi-lingual Cuban immigrant. His prior work history involved driving tractor-trailers. Prior to the 8/24/21 DOA, the claimant had multiple prior injuries with the employer, but returned with the employer to full duty after each.  After the instant accident, the claimant had left shoulder surgery and was assigned a 40-pound left extremity restriction.  Post-accident, the claimant had not returned to work with the employer, nor had he found work... View More

JCC Weiss (Ft. Myers) (Tim Stanton)(7-14-23) – Awarded prevailing party costs to E/C. The E/C sought costs related to taking the claimant deposition.   The JCC rejected the claimant’s arguments that taking the deposition for discovery and impeachment purposes was insufficient alone to support awarding the charges as a cost. The JCC struck the portion of the costs sought for an expedited delivery charge for the deposition, although the claimant did not dismiss her PFB until two days prior to Final... View More