Resources

JCC Jacobs (Miami) (Kate Albin)(1-28-21) – Denied fees and “fees on costs.”  The E/C responded to the claimant’s PFB within 30 days accepting compensability and authorizing a provider, among other benefits. The claimant’s former counsel claimed he was entitled to a fee because the appointment with the provider was scheduled for a date after the 30 days of filing the petition. JCC found that E/C timely communicated to the claimant and his counsel of the authorization for the treating physician... View More

JJCC Dietz (Sebastian/Melbourne)(Jamey Rodgers)(12-10-2020) – JCC denied compensability of fall at work.  The claimant fell at work as she was leaving for the day.  According to her own testimony, she did not know what had caused the fall as it had happened so quickly.  Lay witnesses for the employer indicated there were no defects in the carpeted floor or in the lighting of the area.  The E/C presented expert testimony from an engineer indicating there were no anomalies present which... View More

JCC Medina-Shore (Miami)(Tim Stanton) (12-16-2020)– Denied claim for attorney’s fees.  Counsel for the claimant argued fee entitlement for obtaining compensability of several body parts.  The PFB sought compensability of several body parts and a follow up visit with a walk-in clinic, the carrier paid for  authorized treatment of those body parts.  The JCC found there was no fee entitlement as all medical care provided occurred within 30 days of the carrier’s receipt of the PFB.  Counsel for the claimant also... View More

JCC Kerr (Miami)(Tim Stanton)(12-14-2020) – Awarded prevailing party costs of $1,796.21.  The PFB sought various medical benefits.  The E/C denied the claim based upon misrepresentation.  The claimant subsequently voluntarily dismissed the PFB and the E/C was considered the prevailing party.    Click here to view Order View More

JJCC Moneyham (Panama City Beach) (Matt Bennett) (12-9-2020)– Denied TPD, penalties, and interest. The claimant sustained a compensable left knee injury and a left knee replacement was recommended. He also had an unrelated right knee injury and pre-existing condition and a right knee replacement was recommended. The claimant opted to undergo the right knee replacement first. After the right knee replacement, he was still not ready to have the left knee replaced. The authorized treating doctor opined that there was... View More

JCC Medina-Shore (Miami) (Andy Borah)(12-4-2020) – Denied TTD/TPD, granted compensability of accident, denied misrepresentation defense, granted authorization of follow-up visit with Dr. Joseph Fernandez for right knee injury, and denied claimant’s and E/C’s motions for rehearing. The claimant injured his right knee and lumbar spine when he fell off a 10-foot-tall ladder. The E/C terminated benefits due to an alleged misrepresentation of prior back problems. Claimant testified that he has memory issues because of a small stroke he had in... View More