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JCC Medina-Shore (Miami)(Andrew Borah)(1-30-24) – Denied contested attorney’s fee. The claimant filed two PFBs requesting various indemnity and medical benefits. The E/C later stipulated to the claimant’s attorney’s fees and costs for securing the benefits requested in the PFBs. The claimant’s attorney, however, filed a verified fee petition seeking an E/C paid-fee only on the first PFB. He did not include a fee amount concerning the second PFB. The JCC denied the claimant’s entitlement to the E/C-paid fee on the... View More

JCC Ring (Fort Lauderdale) (Andrew Borah) (1-29-24) – Denied contested attorney’s fee. The claimant’s attorney sought fee entitlement on the claimant’s PFB, which requested a follow-up appointment with Dr. Schillinger. The claimant asserted that they are entitled to an attorney fee since the return appointment with Dr. Schillinger did not occur within 30 days from the date the PFB was received. The JCC rejected this argument, finding case law does not require the appointment to occur within a certain time... View More

JCC Johnsen (West Palm Beach) (Evan Heffner)(1-25-24) – Denied all medical and indemnity claims. The pro se claimant alleged she was injured while in the course and scope of employment. She presented no documentary evidence at the Final Hearing. As her injuries were not readily observable and she presented no medical evidence, the JCC found that the claimant failed to meet her burden of proof that the industrial accident was the MCC of her alleged injuries. All claims for medical and... View More

JCC Hedler (West Palm Beach) (Rex Hurley) (1-10-24)– Denied compensability of claimant’s disabling arterial and cardiovascular hypertension and/or heart disease. The E/C successfully rebutted the presumption by showing that a combination of non-work risk factors including HBP, uncontrolled long-standing diabetes, hyperlipidemia, obesity, smoking, family history and other risk factors caused the condition, disability and need for treatment. The claimant completed two days of 12-hour shifts and went to dinner. After dinner, he enjoyed a normal night’s rest when he was... View More

JCC Holley (Orlando) (12-18-23) (Matt Bennett) – Denied compensability, medical and indemnity benefits. Unrepresented claimant failed to submit any medical evidence to establish compensability of either of the two alleged accidents. The JCC specifically found that the claimant was not in the course and scope of employment when the second injury occurred as she had been terminated the day before and therefore, was not an employee and not covered by WC on the second date of accident. All claims denied... View More

JCC Grindal (St. Petersburg) (Scott Miller)(12-15-23) – Denied reimbursement for travel expenses. Compensable accident which rendered the claimant a tetraplegic, requiring 24-hour attendant care. The claimant traveled to Nevada for a family vacation and sought reimbursement for his nurses’ hotel and airfare, Hoyer lift rental, and handicap van rental while in Nevada. The issue framed by the claimant was whether the need for the trip itself was reasonable, medically necessary and causally related to the IA. Dr. Patel, the authorized... View More