Resources

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

JCC Johnsen (West Palm Beach)( Kate Albin)(11-16-2020)– Granted E/C Motion to Enforce Settlement. The claimant appeared pro se at hearing and testified that she felt pressured at Private Mediation where a settlement was reached providing she would net $15,000.  She testified that while she did agree to accept $15,000, she was unhappy that her former attorney was getting a side fee of $17,500, and that she did not agree to execute a general release and resignation.  She further alleged that... View More

JJCC Owens (Port St. Lucie) (Scott Miller)(10-21-2020) – Granted E/C’s Motion to Enforce Settlement. On July 28, 2020 the parties entered into a settlement agreement for $20,000.00 inclusive. On July 29, 2020, claimant’s counsel filed a Notice of Settlement. The E/C forwarded the settlement documents to claimant’s counsel on August 5, 2020. On August 24, 2020, claimant’s counsel emailed the E/C indicating that the claimant was refusing to execute the settlement documents and was attempting to back out of the... View More

JCC Ring (Ft. Lauderdale)(Kate Albin)(10-2-2020) – Awarded attorney fees.  The E/C timely responded that a hand specialist “will be provided,” but the appointment was not scheduled until approximately six weeks after the PFB was filed. The claimant attorney argued she expended 12.7 hours and should be compensated at $350 per hour. The JCC accepted the E/C’s position that 10.5 hours were reasonably expended, and accepted their position that as the work was performed in 2009/2010, the hourly rate should reflect that... View More

JCC Kerr (Miami)(Andy Borah)(9-21-2020) – Denied attendant care.  Following her accident and release from inpatient rehab, the claimant was provided with 24 hour a day care.  Over time, the claimant’s attendant care was reduced and eventually terminated.  The claimant was placed at MMI by Dr. Jacobs on 11/28/2018 and assigned an 18% PPI rating to the body as a whole.  On 6/24/2019, Dr. Jacobs prescribed attendant care four hours a day five days a week and the Carrier provided the... View More

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