Resources

JCC Pitts (Orlando) – (Bill Rogner) (11-5-24) – JCC denied all attorney’s fees; awarded costs.  The claimant filed a PFB requesting a second opinion. A Response to PFB was never filed. However, within 14 days of receipt of the PFB, the adjuster authorized and contacted the second-opinion physician. Due to delays by the doctor’s office, the appointment was ultimately scheduled and attended a little over two months after the PFB was filed.  The JCC denied fees for authorization of the... View More

JJCC Hill (WPB) Andy Borah (9-11-24) – Awarded significantly reduced attorney’s fees/costs of $18,763.67. The claimant filed a Petition seeking authorization of psychiatrist located closer to the claimant’s residence. The parties came to a compromise by finding an alternative psychiatrist willing to provide his services via Zoom. This occurred more than 30 days after filing of the PFB. The JCC held that although the alternate doctor was farther away from the claimant geographically, the basis of the request was for an alternate doctor; therefore... View More

JCC Walker (Pensacola) (Matt Bennett) (7-1-2024) – Denied TPD benefits due to claimant not meeting her initial burden of demonstrating a causal connection between the compensable injury and the subsequent loss of income.  The claimant had returned to work post-accident with her restrictions accommodated.  However, the claimant’s attendance was “not good,” and she missed a lot of work and left work early many times.  She ended up losing her job as a result of poor attendance.  If not for the... View More

JCC Clark (Ft. Myers) (Andy Borah) (6-5-24) –  On rehearing, JCC denied requests for TTD/TPD, penalties and interest. JCC previously entered a Final Compensation Order awarding back TTD/TPD due to E/C increasing claimant’s AWW. E/C filed a Motion to Vacate, which JCC granted, then JCC entered a new Final Compensation Order denying TTD/TPD benefits since parties previously stipulated that claims for TTD/TPD benefits were resolved at mediation. JCC held the pending claim for increase in AWW was resolved in pretrial... View More

JCC Newman (Tallahassee) (Matt Bennett) (5-17-24) – The claimant’s attorney filed claims for authorization of a psychiatrist and TPD from the date of accident to the present and continuing.   The psychiatrist was authorized about 40 days after the PFB and the E/C conceded fee entitlement.   The E/C also conceded to pay $600.00 in TPD to resolve a few late payments and two weeks of disputed payments prior to the choosing to no longer work the available light duty.  The rest... View More

JCC Havers (Miami) (Andy Borah) (5-15-24) – Awarded partial attorney fees and costs. The E/C agreed at mediation to compensability of multiple body parts, but not the low back. The E/C stipulated to the claimant’s attorney’s fee entitlement for obtaining compensability of the body parts and medical treatment for such. The claimant’s attorney asserted additional fee entitlement for obtaining compensability of the low back and payment of TPD benefits. The claimant’s attorney retained a fee expert in support of his... View More