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Ponce v. NSPIRE Healthcare Kendall / XL Specialty Insurance Company
HR Law Cases
JCC Kerr (Miami)(Paul Terlizzese) (2-9-23)- Denied claimant’s motion for advance. The JCC found the claimant had no work restrictions from an authorized treating physician. While the claimant no longer worked for the employer, she failed to prove that this was a result of the industrial injury as she testified that she intended to look for part-time work in lieu of her employment even before the accident. The claimant failed to show she was behind in her monthly bills. The JCC... View More
Williams v. Brevard County Rescue / Preferred Governmental Claims Solutions
HR Law Cases
Williams v. Brevard County Fire Rescue/PGCS,___ So.3d___  (Fla.1st DCA 12/28/22) First Responder/PTSD (Derrick Cox and Bill Rogner) The DCA affirmed the JCC’s denial of the claimant’s  § 112.1815(2)(a)3 claim, finding that the JCC correctly relied upon the psychiatric IME’s opinion that the accident did not give rise to any need for treatment due to PTSD or any other compensable mental injury. This opinion further clarifies the legal standard for PTSD and other mental-only claims for first responders under F.S. 112.1815.Click... View More
Alceus v. Consulate Health Care / Alternative Service Concepts
HR Law Cases
JCC Grindal (Sarasota) (Paul Terlizzese) (12-14-22) – Denied claim for TPD.  The JCC found the claimant resigned from suitable post-injury employment.  The JCC further found the employer continued to have suitable employment within the claimant’s physical restrictions up through the date of MMI.   Click here to view Order View More
Sublett-Bowman v. Unifi / Delta Airlines / Gallagher Bassett
HR Law Cases
JCC Moneyham (Panama City Beach) (Matt Bennett)(12-14-22) – The JCC accepted the E/C’s AWW, denying a claimed increase, and awarded a finite period of TTD benefits.  The claimant sought inclusion of an unpaid $750.00 summer sign-on bonus in the AWW.  The bonus was never paid.  The employer testified that the claimant came to work at the end of the summer and as such, was not eligible for the summer sign-on bonus.  Since the bonus was never paid, the JCC did... View More
Robertson v. John Knox Village / MEMIC
HR Law Cases
JCC Lewis (Fort Lauderdale) (Kate Albin)(12-2-22) Denied all benefits based on no timely notice and MCC.  The Claimant, a CNA, alleged a lifting injury to the low back in January 2022.  She acknowledged that the first time she reported it to a supervisor was April 29, 2022.  The Claimant testified that this was because her back pain went away and she started having leg pain, which she did not realize was related to the back pain.  The judge found that... View More