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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
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
Hinkofer, Joseph v. School District of Palm Beach County
HR Law Cases
Palm Beach Circuit Court (Andy Borah)(11-22-21) – After the parties were unable to informally resolve the School District’s WC lien on the claimant’s third-party recovery, the claimant filed  a Petition for Equitable Distribution.  Circuit Court Judge Coates presided over the Equitable Distribution Hearing to determine the School District’s third-party lien amount and the Manfredo percentage of lien recovery on the claimant’s $500,000.00 third-party settlement, which netted the claimant $286,478.00. The claimant asserted the lien recovery should be $6,395.87 while the... View More
Martinez v. Cherry Hill Delivery, Inc. / Protective Insurance Company
HR Law Cases
JCC Sojourner (Orlando) – (Scott Miller)(11-18-21) Denied all benefits based upon misrepresentation.  The Claimant injured her left shoulder, neck, chest wall and lumbar spine in a 2016 MVA.  She had a lumbar MRI and treatment to these body parts following the MVA.  In her deposition, she admitted to the prior MVA but indicated she only treated for her chest and not for her low back.  Her authorized physiatrist, Dr. Gerber, testified the Claimant failed to tell him about the prior... View More
Hernandez v. Cuban Manna Brickell LLC d/b/a/ Sergio’s Cuban Cafe & Grill & Associated Industries
HR Law Cases
JCC Medina-Shore (Miami)(Kate Albin)(11-19-21) – The JCC rejected the claimant’s attorney’s argument for fee entitlement for obtaining laser therapy since the E/C agreed to provide the laser therapy within 30 days of receipt of the petition. The JCC also denied the claimant’s attorney’s argument for fee entitlement for obtaining indemnity benefits since the indemnity benefits were also provided within 30 days of receipt of the petition. The E/C previously stipulated to fee entitlement for the claimant’s attorney obtaining $66.41 in... View More