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Ortman v. St. Lucie County Sheriff’s Office / FSRMF
HR Law Cases
JCC Hedler (West Palm Beach) (Rex Hurley) (1-10-24)– Denied compensability of claimant’s disabling arterial and cardiovascular hypertension and/or heart disease. The E/C successfully rebutted the presumption by showing that a combination of non-work risk factors including HBP, uncontrolled long-standing diabetes, hyperlipidemia, obesity, smoking, family history and other risk factors caused the condition, disability and need for treatment. The claimant completed two days of 12-hour shifts and went to dinner. After dinner, he enjoyed a normal night’s rest when he was... View More
Mills v. AMN Healthcare / Gallagher Bassett
HR Law Cases
JCC Holley (Orlando) (12-18-23) (Matt Bennett) – Denied compensability, medical and indemnity benefits. Unrepresented claimant failed to submit any medical evidence to establish compensability of either of the two alleged accidents. The JCC specifically found that the claimant was not in the course and scope of employment when the second injury occurred as she had been terminated the day before and therefore, was not an employee and not covered by WC on the second date of accident. All claims denied... View More
Stanton v. Equity Lifestyle Properties / Liberty Mutual
HR Law Cases
JCC Grindal (St. Petersburg) (Scott Miller)(12-15-23) – Denied reimbursement for travel expenses. Compensable accident which rendered the claimant a tetraplegic, requiring 24-hour attendant care. The claimant traveled to Nevada for a family vacation and sought reimbursement for his nurses’ hotel and airfare, Hoyer lift rental, and handicap van rental while in Nevada. The issue framed by the claimant was whether the need for the trip itself was reasonable, medically necessary and causally related to the IA. Dr. Patel, the authorized... View More
Figueiras v. Department of Corrections/Division of Risk Management
HR Law Cases
JCC Newman (Tallahassee)(Matthew Bennett) (12-13-23)– Denied compensability of 10/4/20, 10/8/20 and 6/7/21 work accidents. Denied PCP, urologist, TTD, steroid injections and diagnostic nerve block. The claimant initially alleged he was injured on 10/4/20 when responding to a medical emergency involving an inmate when he lifted him on to a stretcher. He claimed an injury to his right groin. He never reported the accident. On 10/9/20, he complained to his supervisor that he felt pain in his right groin at work... View More
Joseph v. Consulate Health Care / XL Specialty Insurance Company / Alternative Service Concepts
HR Law Cases
JCC Arthur (Tampa) (Paul Terlizzese) (10-9-23) – Denied PTD benefits, TTD benefits and impairment benefits. In this claim, defended by HR Law Shareholder Paul Terlizzese, the claimant was a registered nurse who injured her back during a patient transfer.  She had low back surgery.  The claimant reached MMI in March 2020.  The claimant’s permanent work restrictions included no lifting or carrying greater than 10 pounds and no repetitive bending or twisting.  A later FCE indicated the claimant could occasionally lift... View More
Barrios v. Global Contracting Group / Amerisure
HR Law Cases
JCC Anthony (Tampa) (Bill Rogner) (9-27-23)– Denied payment of medical bill, authorization of orthopedic specialist, authorization of physical therapy and authorization of lumbar spine MRI. The claimant initially reported no injuries after a minor work-related motor vehicle accident. Subsequent to his termination for causing the accident, he alleged lower back and neck injuries. The E/C’s IME, Geoffrey Cronen, M.D., opined that the claimant suffered no injury in the accident. The claimant’s IME, Elaine Blair D.C., opined that the claimant sustained... View More