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Case Law Update April 2022
Case Law Updates
DSK Group, Inc./Zurich v. Hernandez, ___ So.3d____ (Fla. 1st DCA 4/27/22)Compensability/Going and Coming The DCA reversed the JCC’s decision that the claimant’s MVA and injuries were compensable. The claimant argued he was a traveling employee and thus not subject to the going and coming rule. The JCC disagreed, but found the claimant’s travel from job to job, even though he was required to clock in and clock out on his phone as an hourly employee, rendered the accident compensable as he... View More
Britnell v. Southeast Personnel Leasing / Packard Claims
HR Law Cases
JCC Pitts (Orlando)(Anthony Amelio)(3-23-22) – Denied the Claimant’s Motion For Summary Final Order. The JCC reasoned that the claimant has the initial burden to establish reasonableness, medical necessity, and compensability of the requested medical treatment. However, the only attachment to the claimant’s motion were hearsay medical reports from an unauthorized doctor, where the doctor requested additional testing related to the body part in question, which was not a sufficient basis for granting the Motion For Summary Final Order.  Click here... View More
Case Law Update March 2022
Case Law Updates
Updated 3-18-22 Aquino v. American Airlines/Sedgwick,                                                       (Fla. 1st DCA 3/9/22)Compensability/Course and Scope/Coming and Going The DCA affirmed the JCC’s determination that the claimant’s accident/injury was not compensable under the going and coming rule.  As a baggage handler, the claimant alleged his injury occurred after clocking out, walking through the terminal towards a shuttle bus stop and injuring his calf stepping off of a curb. The DCA analyzed the JCC’s application of the going and coming rule, and rejected the... View More
Class v. Concept Open Imaging / Broadspire
HR Law Cases
JCC Stephenson (West Palm Beach) (Derrick Cox) (3-16-22)– Denied PTD –  The 45-year-old claimant had 1 ½ years of college and is tri-lingual.  Following her accident, in which she injured her low back, hip and knee, she returned, working the same job and hours until the employer’s facility closed.   She testified she submitted over 40 job applications.  The claimant’s voc expert (Adato), testified that relying upon authorized Dr. Eskenazi and E/C IME Laux’s opinions, the claimant could return to sedentary... View More
Nunez v. Valls Group, Inc. / MEMIC
HR Law Cases
JCC Havers (Miami) (Andy Borah)(3-29-22) – Denied change of physician –  The E/C authorized Dr. Tony Diaz to treat the shoulder and elbow, but Diaz recommended a transfer of care of the right elbow to his associate Dr. Easterling, after which Dr. Diaz only treated the shoulder.  The E/C authorized Dr. Easterling who ultimately operated on the claimant’s right elbow.  Following  a one-time change request from Dr. Diaz to Dr. Hodor, the E/C responded the next day authorizing Dr. Keyes to... View More