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JCC Kerr (Miami)(Paul Terlizzese )(6-16-22) – Denied  Verified Petition for Fees and Costs  with prejudice because the statute of limitations had expired on any claims for  attorney’s fees and costs, as well as any claims for  benefits.   Click here to view Order View More

JCC Kerr (Miami) (Andy Borah)(6-20-22) – Denied claims for compensability, TTD/TPD, authorization of medical care and PICA under the going and coming rule. The claimant worked as a valet and was driving to work up a driveway ramp into the employer’s parking garage on her scooter when the claimant was forced to swerve to avoid being struck by a delivery van reversing out of the other driveway lane, which operated as a receiving area for delivery drivers. The claimant alleged... View More

JCC Grindal (Sarasota) (Jonathan Cooley)(6-6-22) – Denied authorization of orthopedic evaluation.  The claimant’s compensable accident involved falling forward onto her outstretched arms, resulting in injuries to her chest, right knee, left knee and lip.  Nineteen days later, the claimant complained of right shoulder pain.  She admitted to a prior injury to the right arm in 2011 which had since resolved.  The parties agreed to admit the records from the treating physician who requested authorization to treat the right shoulder but... View More

JCC Hedler – (West Palm Beach)(Andy Borah)(6-1-22) – Denied all benefits based on misrepresentation. The claimant testified at deposition and told her prior attorney that she did not appear for a state mediation for a variety of reasons, all of which she later admitted at final hearing were not correct. At final hearing, the claimant testified she did not appear for the mediation because she forgot. The JCC found the prior reasons the claimant gave for missing the mediation were... View More

JCC Sojourner (Orlando) (Rex Hurley)(5-12-22) – Denied all benefits.  The claimant was employed by the fire department for 19 years. In 2004, he was diagnosed with compensable hypertension. Fast forward to 2021, the authorized provider refused to refill the claimant’s medication without an appointment, but the claimant could not secure an appointment for several months. A week before the follow-up, the claimant was taken to the hospital with elevated blood pressure. The claimant’s IME, E/C’s IME and authorized provider indicated... View More

JCC Clark (Ft. Myers) (Scott Miller)(4-13-22) – Denied compensability of claimant’s accident finding the accident did not arise out of the claimant’s employment. While there were various “inconsistent, incomplete and…confusing” descriptions of the claimant’s accident in the medical records, the JCC accepted the description of accident the claimant provided at deposition and at final hearing, which was that he injured his low back while standing up from the kneeling position after baiting a rat trap. It was not in dispute... View More