Resources

JCC Forte (Miami)(Andy Borah & Kate Albin) (3-30-21) – Denied compensability, indemnity, medical care.  The claimant is a firefighter/paramedic who sought compensability of a heart condition under §112.18(1).  The E/C contended that although the claimant met all the requirements to be afforded the presumption, his condition was systemic sarcoidosis or sarcoidosis that is personal in nature.  Dr. Perloff determined that the claimant had cardiac sarcoidosis and that the cause of the claimant’s cardiac sarcoidosis is systemic sarcoidosis, which is not a... View More

JCC Sojourner (Orlando)(W. Rogers Turner, Jr.)(3-25-21) – Granted E/C Motion to Enforce settlement. The parties agreed to settle. The claimant then refused to sign the paperwork. At hearing, he admitted he gave his attorney authority to settle. He admitted he understood his attorney, and the terms of the agreement. He alleged his attorney pressured him but provided no detail.  The claimant’s attorney testified that there was no pressure to settle and that all terms of the agreement were explained and... View More

Coverage / Coverage by Estoppel Bill Rogner  The claimant was seriously injured on 4/24/17 (ultimately resulting in amputation) on a construction site, where multiple parties were engaged in work.  Ultimately, the JCC determined that the claimant was an employee of Central Florida Siding Pros (CFSP), as subcontractor, and statutorily employed by James Jones Construction, neither of whom had coverage.  The claimant and Jones appealed multiple issues, only one of which the DCA addressed, finding the other issues (included that of... View More

JCC Owens (Port St. Lucie)(Andy Borah)(3-15-21) – Granted Motion to Amend Pretrial to include misrepresentation defense.  Claimant alleged a back injury from her industrial accident.  She testified that she did not remember having any back issues prior to the accident. Claimant’s attorney provided partial records of Dr. Norris to the Employer/Carrier in a Response to Request to Produce.  The claimant objected to the Employer/Carrier’s Notice of Intent to serve a subpoena for records on Dr. Norris.  By the time the... View More

JCC Weiss (Ft. Myers)(Rex Hurley)(3-15-21) – Granted E/C’s Motion for Summary Final Order.  Claimant’s Petition requested “authorization of full pay status pursuant to section 440.15(11), Florida Statutes.” The E/C argued the JCC does not have jurisdiction over full-pay status under section 440.15(11). Claimant argued that a request for full-pay status is equivalent to a request for seeking reinstatement of leave time.  The JCC found the claimant was not seeking payment of temporary indemnity benefits that would result in an “award”... View More

JCC Anderson (Daytona Beach)(Derrick Cox)(3-3-21) Awarded costs to E/C. There was no dispute that the E/C was entitled to a fee as the PFB was dismissed just 8 days prior to the merits hearing. The claimant’s attorney objected to a $700.00 doctor depo fee. The JCC agreed and stated that the $200.00 per hour witness rule applied and there was no indication on the invoice that the remaining $500.00 was for records review.  Click here to view Order View More