Resources

JCC Medina-Shore (Miami)(Kate Albin)(11-19-21) – The JCC rejected the claimant’s attorney’s argument for fee entitlement for obtaining laser therapy since the E/C agreed to provide the laser therapy within 30 days of receipt of the petition. The JCC also denied the claimant’s attorney’s argument for fee entitlement for obtaining indemnity benefits since the indemnity benefits were also provided within 30 days of receipt of the petition. The E/C previously stipulated to fee entitlement for the claimant’s attorney obtaining $66.41 in... View More

JCC Almeyda (Miami)(Vanessa Irvin)(11-17-21) – Denied treatment to cervical spine.  Treating doctors, Dr. Stein and Dr. Ramirez, opined the Claimant’s neck injury resolved.  The Claimant’s IME, Dr. Langone, also opined the Claimant’s neck injury resolved.  An EMA, Dr. Gombosh, was appointed pertaining to the Claimant’s shoulder injury.  The EMA recommended additional treatment for the neck injury.  The JCC found this opinion was outside the scope of the EMA assignment.  Based on the opinions of Drs. Stein, Ramirez and Langone, treatment... View More

JCC Dietz (Sebastian/Melbourne)(Derrick Cox)(11-9-21) – Granted Motion to Enforce Settlement Agreement. The parties settled at mediation. The claimant argued that he was sleepy and groggy due to medication taken on the day of the mediation. The JCC found that the mediation would have been stopped had there been a question about the claimant’s capacity to attend mediation. The attorneys testified that there was no reason to believe that there was an issue regarding the claimant’s ability to make a decision... View More

JCC Hedler (WPB) (Andy Borah/Kate Albin)(10-27-21) – Denied compensability of accident, injuries and requests for medical care. The claimant worked as a teacher and injured her ankle when she fell down several steps walking from her classroom to the office. The E/C denied the claim based on the fall not arising out of her employment and that the fall was caused by an idiopathic condition. The claimant gave inconsistent accounts of what precipitated the fall. Initially, she made statements to... View More

JCC Young (St. Petersburg) – Granted  EMA – (Scott Miller)(10-20-21) – The claimant raised a Daubert objection to E/C’s IME.  The JCC overruled claimant’s Daubert objection, which results in a conflict in medical opinion resulting in appointment of an EMA. Click here to view Order View More

JCC Hedler (West Palm Beach) – (Brian Ricotta/Scott Miller)(10-19-21) –  Awarded Fee Entitlement and determined amount.  The JCC found entitlement for payment of a medical bill where the Carrier’s Response to the PFB stated “[t]he statement received attached to the Petition was returned to the provider to bill Sedgwick on the proper form and supply medical records for consideration.”  The JCC found this statement to be ambiguous noting the wording “for consideration” implied that there would be an investigation or... View More