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Ayala v. Skampa Painting & Renovating, Inc. / CCMSI
HR Law Cases
JCC Clark (Ft. Myers) (Greg White)(2-21-22) – Amended award of costs to the E/C. The JCC previously awarded taxable costs to the E/C, but the claimant filed a motion for rehearing as to a few specific charges considered to be excessive, irrelevant and unrelated. After rehearing, the JCC reduced court reporter costs related to a doctor deposition – finance charges, condensed transcript, transcript technology package and transcript handling & processing. The JCC also struck the costs related to the claimant... View More
Matthews v. Eden Springs Nursing & Rehab Center / MEMIC
HR Law Cases
JCC Newman (Tallahassee) (Matt Bennett) (2-21-22)– Granted motion to enforce settlement. The parties reached a settlement agreement via email, including the requirement that the claimant sign a general release and resignation, but the claimant refused to sign the documents because she did not want to resign from her job. The JCC found that the claimant’s breach made part of the settlement voidable, but not void. The E/C agreed to move forward despite the refusal to sign the resignation and release. ... View More
Glazier v. KRK Enterprises / AYS Employee Leasing / AmTrust
HR Law Cases
JCC Andersen (Sebastian/Melbourne) (Paul Terlizzese)(2-7-22)– Denied treatment to lumbar spine.  Compensable claim in which the claimant was ultimately diagnosed with spondylolistheses (pre- existing with aggravation from the accident). The JCC held that the 120-day rule did not apply as the E/C never denied compensability and there was no evidence the accident-induced lumbar condition was ever controverted. Further, such acceptance and authorization did not preclude the E/C from later challenging the causal relationship between further treatment and the work injury. No... View More
Williams v. Brevard County Fire Rescue / PGCS
HR Law Cases
JCC Ring (Fort Lauderdale) (Derrick Cox)(1-28-22)  – Denied PTSD claim.  While working light duty at the fire station, the claimant experienced shortness of breath and broke down crying after observing videos and pictures depicting fire rescues. The JCC held that the events from the date of accident did not match any of the 11 listed events that are qualifying events for compensability of PTSD under 12.1815(5). Further, the JCC rejected the claimant’s argument that the other sections of 12.1815 should... View More
Ayala v. Skampa Renovating & Painting / CCMSI
HR Law Cases
JCC Clark (Fort Myers)(Greg White)(2-1-22) – Awarded E/C costs of  $1,690.20 out of $2,040.20 sought by the E/C. The claimant’s attorney filed two PFBs and later filed notices of resolution for both, thereby not pursuing two other benefits that were on the petition. The E/C argued that the claimant abandoned her claims for the aforementioned benefits by filing the NOR and, thereby making the E/C the prevailing party on those issues. The JCC distinguished between entitlement to costs vs. entitlement to... View More