Resources

JCC Newman (Tallahassee) (Richard Stoudemire) (4-1-24) – Denied all benefits based on statute of limitations defense. The claimant sustained injuries while performing construction work for his own company, a Georgia corporation. The claimant’s company subcontracted from Stanley Smith, Inc. His company presented a certificate of insurance to Stanley Smith, Inc., but the company only had coverage in Georgia, not Florida. The claimant initially only filed a Circuit Court tort action against the general contractor and a separate contractor, but not... View More

JCC Anderson (Orlando)(Rex Hurley) (3-22-24)– Denied compensability of heart claim.  The claimant sought compensability of heart disease pursuant to the presumption under 112.18(1)(a).  For the presumption to apply, the claimant had to pass a preemployment physical exam upon entering his employment as a full-time law enforcement officer.  The claimant passed a preemployment physical in 1999 when he first began to work as a full-time law enforcement officer.  He voluntarily switched to a part-time, non-covered law enforcement position.  He returned to... View More

JCC Clark (Fort Myers) (Jonathan Cooley) (3-18-24) – Allowed E/C to transfer the claimant from NeuroRestorative in Sarasota to Hogar Dulce Hogar in Naples. The claimant was injured in a fall resulting in partial paralysis and in-patient admission to Gulf Coast Medical Center in Fort Myers. The claimant underwent spinal fusion surgery and was transferred to Brooks Rehab in Jacksonville and then to Neurorestorative in Sarasota. NeuroRestorative discharged the claimant on 12/1/23 and detailed recommendations for further rehab and assistance. The... View More

JCC Clark (Ft. Myers) (Jonathan Cooley) (3-19-24)  – Denied and dismissed Petition with prejudice based on statute of limitations. The claimant slipped and fell injuring both upper extremities. She treated with primary care, orthopedic surgeon, pain management and a neurosurgeon.  The claimant retired from the employer on July 18, 2022, however, she stopped working prior to that date and the last entry on the payout ledger was 7/4/22. The claimant filed a PFB on 9/18/23 for authorization of orthopedic care,... View More

JCC Clark (Ft Myers)– Jonathan Cooley (2-28-24) – Denied all benefits due to SOL – After the E/C met their prima facie case to establish SOL, the unrepresented claimant provided no evidence to rebut the E/C’s position. In fact, the claimant proffered no evidence whatsoever. Click here to view Order View More

JCC Arthur (Tampa) (Scott B. Miller)(3-11-24)- Denied follow-up appointment, pain management, TTD and TPD. Theclaimant suffered a left-wrist injury as a truck driver when turning a handle to put down the landing gear on a trailer. E/C authorized orthopedic treatment with Dr. Gary Kitay who suspected carpal tunnel syndrome and wrist-flexor tendonitis. Dr. Kitay could not reach a specific diagnosis to explain his complaints after his failed response to injections, report of increase in symptoms with bracing, the diagnostic studies... View More