Resources

JCC Sojourner (Orlando)(Bill Rogner)(6.11.2020) – Denied death benefits.  The sole question was whether the deceased worker’s mother and her minor children were dependents of the deceased employee.  One of the factors in determining dependency is whether the decedent was able to support himself in addition to supporting others.  At the time of death, the decedent was 16 years old and was receiving SSI benefits, but these benefits were used by his mother to help support the family.  The claimant was... View More

W. Rogers Turner, Jr. and Bill Rogner  The DCA affirmed JCC Sojourner’s Order which found that “…the EC is correct and no further care and treatment for the left upper extremity is warranted as the accident of July 19, 2017 is not the MCC of the claimant’s current need for treatment.” Click Here to View Opinion  View More

JCC Walker (Panama City Beach) (Paul Luger)(4.21.2020) – Granted E/C Summary Final Order. Denied/dismissed PFB with prejudice. The JCC found the evidence submitted showed that the PEO never provided WC coverage to the employer, and that the claimant never received wages nor was an employee of the PEO. As the carrier never provided coverage to the claimant, the PEO/Carrier were entitled to be dismissed from the litigation.Click Here to View Order  View More

Bill Rogner and Andy Borah The DCA affirmed the JCC’s Order finding entitlement to attorney fees and costs. The claimant filed her PFB on 8/22/18 after 5 p.m. After an initial response denied the claim on 8/29/18, the E/C filed a subsequent response on Monday, 9/24/18, rescinding the denial, paying benefits, but denying entitlement to attorney fees. In denying fee entitlement, the E/C relied on Rule 60Q-6.108(1)(e) that the petition was deemed received the next business day (8/23/18) since e-filed... View More

Bill Rogner and Scott Miller The DCA affirmed the JCC’s finding that the five year limit on PTD benefits in F.S.s. 440.15(1)(b) (for claimants whose date of accident occurs on or after their 70th birthday), is a calendar period, and not a bank. Claimant’s injury occurred at age 73. The E/C accepted the claimant as PTD on 5/26/12, and ceased PTD payments exactly five years later on 5/26/17. The claimant argued that the E/C should have reclassified her benefits as... View More

Andrew R. Borah & Kate E. Albin JCC Young (Tampa) – 10-22-19 – Denied all claims by upholding misrepresentation defense. The JCC denied multiple Motions In Limine to exclude the E/C surveillance when Claimant authenticated the surveillance during his direct examination. The JCC also rejected the claimant’s attempt to present “Expert translator testimony” intended to suggest that the claimant’s reports to doctors were not accurately relayed or understood. The JCC found the level of activity reflected in surveillance viewed by... View More