Resources

MCC / Burden of Proof Scott Miller / Bill Rogner The DCA reversed the JCC’s finding that the claimant failed to prove his 2004 workplace accident was the MCC of lumbar spine treatment recommended in 2018. Claimant began working with the employer in 1991. In 2004, the E/C authorized orthopedist Dr. Cohen to evaluate the lumbar spine. Later that year, the lumbar spine injury was consolidated with two other injuries with the employer.  By 2014, a new servicing agent took... View More

JCC Forte (Ft. Lauderdale) – (Andy Borah)(9-3-2020). Granted E/C’s Motion for Sanctions. The claimant’s attorney filed a PFB for reimbursement of mileage of $1.11 and attorney’s fees and costs. The claimant’s attorney faxed a good faith request to the E/C on July 3, 2020 and filed the PFB five hours later. The JCC determined that faxing a good faith request to an office closed in observance of a national holiday did not meet the statutory requirements of good faith.  The... View More

JCC Almeyda –(Miami)(Paul Terlizzese)(8-24-2020)– Denied misrepresentation defense and denied TPD.  The claimant reported injuries to the knee and upper extremities, and only later her back. She had been involved in seven prior MVAs, but only recalled two.  EMA Dr. Hodor evaluated the claimant. Although he found the claimant had restrictions during the period in question, the JCC found the claimant had worked light duty with the employer, later abandoned her employment with no further contact, and that the employer continues... View More

JCC Newman (Tallahassee)(Matt Bennett)(8-13-2020) TPD denied. Claimant was a CNA at a nursing home and sustained compensable injuries. Work restrictions were imposed by the authorized orthopedic. The Employer offered a sedentary position as a “resident monitor” within the restrictions imposed by the authorized orthopedic. The claimant returned to work in the modified position but alleged difficulties with the position and began leaving early, calling out and ultimately failed  to continue reporting for work. As a resident monitor, the claimant was... View More

JCC Forte (Fort Lauderdale)(Kate Albin) (8-12-2020) E/C awarded costs after prevailing at trial. E/C sought $4,329.71 in costs. The claimant objected to several costs. The JCC struck only three charges, the pre-IME conference which she determined was not taxable, and copy costs for two sets of medical records which were relevant in the case but not ultimately to the defense of the case. The JCC awarded $3,591.78 to the E/C. Click here  to view Order View More

JCC Ring (Ft. Lauderdale) (Paul Luger)(8-6-2020) – Denied compensability and all requested benefits.  The claimant alleged exposure to cold temperatures at work caused a host of injuries. The PFBs alleged compensability due to repetitive exposure, but at final hearing, the claimant suggested for the first time that there was an isolated accident at work,  in an effort to mold the facts to fit what little evidence was present.  Numerous employer representatives testified that the claimant changed a light or two... View More