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Justin v. AlphaStaff Group, Inc. / Amtrust
HR Law Cases
JCC Ring (Fort Lauderdale)(Andy Borah)(5-13-21) – Denied authorization of return visit to Dr. Steinlauf. The claimant was injured while working as a laborer for the Employer when a jackhammer went through the top of his right shoe, striking the top of his foot. The E/C accepted the Claimant’s accident and resulting injuries as compensable. Dr. Ringler, podiatrist, provided initial treatment on 1/9/17 and diagnosed Claimant as suffering from fractures of the proximal phalanx of toes 2, 3, 4, and 5.... View More
Manthey v. Hugh Exterminators / Sedgwick
HR Law Cases
JCC Grindal (Sarasota)(Derrick Cox)(5-10-21) – Granted E/C’s Motion to Tax Costs. A PFB sought a follow-up appointment with authorized physician Dr. Marc Levy. The E/C responded that no further treatment was authorized with Dr. Levy because Dr. Levy had opined that no further neuro-ophthalmological treatment was needed. The E/C attorney testified that the deposition of the claimant and Dr. Levy were conducted in response to the PFB, and that the claimant voluntarily dismissed the PFB. The E/C sought costs for... View More
Suarez v. Boeing Distribution Service / Sedgwick
HR Law Cases
JCC Jacobs (Miami)(Caitlin Golden)(5-10-21) – Denied Motion for Advance. The claimant sought a $2,000.00 advance to pay for an IME. The E/C denied the advance contending that the claimant refused to work within her restrictions and therefore a causal nexus between the loss of earnings and the accident did not exist. The JCC found that the claimant failed to prove an actual physical impairment and did not reasonably justify her decision to reject the Employer’s job offer. The JCC also... View More
Moore v. Florida Baptist Children’s Homes / Amtrust
HR Law Cases
JCC Newman (Tallahassee)(Matt Bennett)(5-6-21) – Denied PTD. The claimant injured her left elbow and shoulder and treated with Dr. Stephens, who eventually placed her on restrictions to include occasional lifting with the left arm up to 10 pounds in 2016. Dr. Stephens testified in 2021 that the claimant would have some functional loss associated with her injury. By 2017 the claimant moved to Pensacola, where Dr. Marshall placed her at MMI on 11/15/17 with a 0% PIR and no permanent work restrictions.... View More
Paradise v. Global Hospitality Management / MEMIC
HR Law Cases
JCC Owens (Port St. Lucie) (Andy Borah)(4-19-21) – Denied the claims for the 6/27/18 and 6/19/19 dates of accident based on misrepresentation and denied the claim for a visit with Dr. Woltz for the 8/17/19 date of accident. Regarding the first two dates of accident, the claimant testified during her deposition that she never had low back problems prior to the 6/27/18 date of accident. The E/C presented evidence of the claimant seeing her family physician on 1/10/19 where she... View More
Blanco v. Duke Energy / Sedgwick CMS
HR Law Cases
JCC Young (St. Petersburg) (Scott Miller for the E/C) (4-12-21) – Denied claimant’s request for authorization of gastrointestinal specialist and omeprazole, compensability of gastrointestinal condition, attorney’s fees and costs. The claimant was treating with Dr. Craig Bennet for cervical and shoulder complaints.  After being placed at MMI, the claimant continued to have increased pain with movement and lifting. Dr. Bennett prescribed Mobic and two months later, the claimant returned with complaints of swelling in her feet, legs and her abdomen,... View More