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Alvarez v. Ally HR d/b/a/ Matrix One Source / CCMSI / Zurich
HR Law Cases
JCC Weiss (Ft. Myers) (Tim Stanton)(10-6-21)) – Denied attorney fee entitlement. The claimant’s attorney argued fee entitlement for multiple petitions. Prior to the hearing, the E/C stipulated to fees for two PFBs but argued no entitlement for the remaining PFBs. First, the claimant’s attorney argued that he was entitled to a fee for a request for a PCP. The E/C previously authorized MD Now, who transferred care to an orthopedic, and Dr. Rosabal was authorized. The claimant subsequently filed a... View More
Taveras v. Valls Group, Inc. / MEMIC
HR Law Cases
JCC Havers (Miami) (Kate Albin)(9-17-21) – Denied all pending claims with prejudice. The claimant worked for the employer for approximately 10 years as a food packer up until her alleged work accident of November 27, 2018, which alleged a repetitive trauma injury to her low back caused by heavy lifting and bending while performing her job duties. The E/C denied compensability of the injury. The claimant was deposed multiple times and testified that she had been to the hospital on... View More
Jackson v. Buckhead Beef Florida / Royalty Foods / Corvel
HR Law Cases
JCC Weiss (Ft. Myers) (Greg White)(9-22-21) – Granted E/C’s Verified Motion to Tax Costs. The JCC determined that the E/C was the prevailing party after successfully litigating the claim for a follow-up appointment with a psychiatrist in the claimant’s new locale. After reviewing the E/C’s motion, the JCC held that the E/C was entitled to the entirety of its request for reimbursement of taxable costs associated with the taking of the adjuster deposition and supplemental claimant deposition. The JCC ordered... View More
Kerr v. City of Palm Bay / PMA Insurance
HR Law Cases
(First District Court of Appeal)(Bill Rogner)(9-8-21) Per Curiam affirmed/no opinion. The claimant appealed the JCC’s denial of compensability. At trial, he argued that going to a doctor two days in a row, getting his eyes dilated, and receiving an eye injection established disability. The claimant chose the first day  for the accident date, but the only thing that occurred on that date was a consult.  The claimant also worked ten hours that day. On Day two (not the accident date)... View More
Anderson v. TLR of Bonita, Inc. dba Enterprise HR / Harrack Trucking & Land Clearing / Sunz Insurance / NextLevel Administrators
HR Law Cases
JCC Dietz (Sebastian/Melbourne)(Gregory White)(9-2-21)– Granted Motion to Enforce Settlement.  Claimant admitted he gave his attorney authority to settle the case as outlined in the Mediation Settlement Agreement, and to sign the Mediation Settlement Agreement on his behalf. Several days later, he changed his mind and wanted more money to settle.  The JCC found the terms of the settlement agreement to be sufficiently specific and reflect assent by all the parties to the essential terms discussed at the mediation.  “Buyer’s remorse”... View More
Houston v. NSPR Care Centers, dba NSpire Healthcare Tamarac / XL Specialty Insurance Company and Alternative Service Concepts
HR Law Cases
JCC Forte (Ft. Lauderdale)(Paul Terlizzese)(8-30-21) – Denied TPD.  Claimant underwent spine surgery with Dr. Baynham and was ultimately placed at MMI with a 10% impairment rating and permanent restrictions.  He referred the claimant to Dr. Chaitoff for pain management.  Dr. Chaitoff deferred to Dr. Baynham regarding restrictions but indicated the claimant was not at MMI as he believed that the treatment he had provided or was recommending to be curative and not palliative in nature. The JCC accepted the opinions... View More