Resources

JCC Weiss (Ft. Myers) (Jonathan Cooley) (11-16-22) – Denied compensability.  Claimant was hired to work on a taco food truck after replying to a help wanted ad posted by “Los Taquitos Mexican Food.” The Claimant was hired by a person named Santos and earned $10 per hour cash; her job duties included cutting meat and making tortillas. On the accident date, the Claimant fell off the truck and broke her hand. The employer Los Taquitos Mexican Food II, LLC was owned... View More

JCC Pitts (Orl) (Rogers Turner)(11-8-22) – Denied for misrepresentation of prior medical history. The Claimant had an initially compensable low back injury. In deposition, she disclosed one prior MVA with chiropractic treatment limited to 3-5 visits as a precaution. She also denied any previous lumbar MRIs. In discovery, evidence of extensive chiropractic treatment with persistent low back and SI joint complaints and a lumbar MRI following the MVA 10 years earlier was secured. Additional records were discovered showing even more... View More

(Fla.1st DCA 11/2/22) (Bill Rogner) The Claimant’s Petition for Writ of Certiorari was denied. The E/C utilized a peer review physician.  They then sought an IME.  The Claimant sought to quash the Order compelling the IME via a Petition for Writ of Certiorari.  The Claimant argued the E/C was seeking an alternate IME.  However, the E/C was only seeking an initial IME.  Click here to view Order View More

JCC Weiss (Ft. Myers) (Derrick Cox) (11-2-2022)– Granted E/C’s Motion to Appoint EMA.  The JCC found there was a dispute over the need for a total knee replacement surgery between Dr. Markovich and Dr. Mehalik.  The JCC appointed Dr. Ellowitz as the EMA.  Click here to view Order View More

JCC Hedler (West Palm Beach) (Amy Ritchey)(11-3-22) – Denied Claimant’s Motion for $2,000.00 Advance. JCC determined that the Claimant failed to present sufficient evidence to show that $2,000, as opposed to something less than that, was appropriate. The Claimant failed to establish his burden as to the second prong of adequate justification.   Click here to view Order View More

JCC Johnsen (West Palm Beach)(Scott Miller) (10-21-22)– Denied all benefits based on claimant’s misrepresentations.  The claimant’s accident was accepted as compensable with benefits provided for over two years amounting to just under $47,000 paid out before the E/C denied the claim asserting a misrepresentation defense.  The JCC found that the claimant was not credible and provided false information to the E/C in deposition and to authorized providers for the purpose of securing workers’ compensation benefits.  Specifically, the claimant could not... View More