Resources

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

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

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

JCC Sojourner (Orlando) (Bill Rogner)(3-16-22) – Denied lumbar surgery –  The claimant had multiple prior accidents with the same employer, including two to the lumbar spine.  Claimant’s authorized doctor (Broom) and one time change (Patel) opined the claimant had a sprain/strain which exacerbated her pre-existing conditions.  Claimant’s current doctor (Razak) recommended surgery due to the pre-existing degenerative findings, which he opined were the MCC. Claimant asserted the E/C  accepted the pre-existing conditions under the 120-day pay and investigate provision of... View More

 JCC Hedler (West Palm Beach)(Tony Amelio)(2-28-22) – Granted the E/C’s Motion to Amend Pretrial Stipulation.  The E/C sought to add a new defense, misrepresentation, based on use of a false social security number in the Claimant’s recorded statement.  The JCC allowed the amendment as the basis for the defense was discovered in a records custodian deposition conducted after the initial Pretrial Stipulation was completed.  Click here to view Order  View More

Compensability/Arising Out Of(Jamey Rodgers/Bill Rogner)(2-21-22) The DCA reversed and remanded the JCC’s Order denying compensability. The claimant did not know why she fell at work. The JCC’s denial tracked Valcourt’s analysis and denied benefits,  finding “an accident is compensable under Valcourt only if the employment necessarily exposed the claimant to conditions that would substantially contribute to the risk of injury to which the Claimant would not normally be exposed during her non-employment life.” The DCA found that Valcourt’s  increased hazard analysis... View More