Resources

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

JCC Jacobs (Miami) (Vanessa Irvin for J&M Amtrust)(2-22-21) – Dismissed claims with prejudice against alleged statutory employers, awarded TPD and treatment with a podiatrist, denied TTD, Ambulance Bill, authorization of plastic surgeon, hand surgeon and hand specialist. A1 Perfect Seal Roof Corp., an uninsured roofing contractor, employed claimant as a roofer. Claimant argued that Spring Lakes, the condo association, and J&M, who provided financial and accounting services for the association, were responsible as statutory employers. The JCC accepted the testimony of... View More

JCC Pitts (Orlando) – (W. Rogers Turner, Jr.) (2-17-21) Denied Compensability of claim.  The claimant alleged neck and back injuries he associated with a 5/22/19 lifting incident. Although the JCC excused the claimant’s late notice of the claim, the facts of what occurred thereafter failed to support his allegations.  After the alleged accident date, the claimant went to the ER on 5/26/19, 6/3/19, 6/9/19, reporting no neck pain, back pain, lifting incident or accident of any kind. Evaluations of his... View More

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