Resources

JCC Moneyham (Panama City) – (Tim Stanton) (9-15-22) – JCC awarded prevailing party costs of $700.00 to the E/C.   The claimant filed and ultimately dismissed Petitions for Benefits, making the E/C the prevailing party.  An Order had been issued mandating a private mediation at the carrier’s expense.  The JCC found that the prevailing party is to be made whole and the cost should be taxed against the claimant.  Click here to view Order View More

JCC Anthony (Tampa) – (Greg White)(9-14-22) – The JCC denied all benefits.  While the JCC rejected the E/C’s misrepresentation defense, the claimant’s credibility was questioned by the JCC.  The claimant alleged an injury to multiple body parts purportedly from being bounced in a truck.  The claimant was difficult in deposition testimony and did deny prior relevant conditions.  He also provided different descriptions of accident. The claimant could not identify a specific event that caused his alleged injuries, but felt it... View More

JCC Holley – Jacksonville (Tony Amelio)(9-2-22) – Denied claim for evaluation and treatment with Dr. Cohen for a herniated disc at L5-S1.  The E/C defended the claim on res judicata, collateral estoppel, and law of the case.  A prior Final Order, upheld on appeal, found the IA was not the major contributing cause of the claimant’s low back condition.  The JCC reviewed the transcript of the prior final hearing and determined that the L5-S1 disc herniation was contemplated in the... View More

JCC Hedler – West Palm Beach (Andrew Borah)(8-25-22) – Denied the Claimant’s Notice of Conflict seeking an EMA.  A dispute existed between the Claimant’s IME, Dr. Langone, and the E/C’s IME, Dr. Stein, on MCC of the Claimant’s hand injuries.  The JCC accepted the E/C’s argument that the Notice of Conflict was untimely.  The JCC noted the dispute was known to the parties even prior to the filing of the PFB and the notice was filed less than two months... View More

JCC Case – West Palm Beach – (Paul Terlizzese) (8-19-22) – Denied authorization of left knee MRI.  The JCC found the need for the left knee MRI was due to a subsequent intervening accident at home.  The claimant’s IME, Dr. Elkhechen, opined the claimant’s knee gave way due to her work injury causing her subsequent fall.  The JCC accepted the opinion of the authorized treating physician, Dr. Lazarus, over the opinion of Dr. Elkhechen.  Dr. Lazarus opined the claimant’s knee... View More

(Florida 1st DCA July 13, 2022)   Death Benefits/Dependency Bill Rogner The First DCA affirmed the JCC’s denial of death benefits to the mother of deceased 16-year-old son who drowned on his first day of work. The 16-year-old had a permanent learning disability, received SSI benefits and had never worked a day in his life prior to the IA. The claimant argued that she qualified for death benefits under 440.16(1)(b) as she and her other children depended upon her 16-year-old’s... View More