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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

Gregory S. Raub JCC Pitts (Orlando) – (10-18-19) – Denied enforcement of settlement agreement. The parties mediated, and the E/C offered $8,875.00 inclusive. The mediation agreement indicated that the washout would be for $4,875.00, inclusive of attorney’s fees of $975.00 and costs of $462.50. The claimant would be paid an additional $1,000.00 in past indemnity, with the claimant attorney receiving a $3,000.00 fee. The agreement stated the claimant attorney had his client’s authority to settle. The JCC noted the claimant... View More

Paul T. Terlizzese JCC Clark (Ft. Myers) – (10-18-19)– Denied claim for TTD benefits, awarded partial period of TPD. There was no evidence presented that any physician put the Claimant off work at any time subsequent to the date of accident. The JCC rejected E/C defenses of voluntary limitation of income as there was no evidence she refused suitable work . Similarly ,the JCC found no evidence of termination for misconduct or failure to properly compete DWC-19’s.View JCC Merits Order View More

William H. Rogner Per Curiam Opinion (10-8-19) The DCA affirmed without written opinion the JCC’s denial of all benefits based upon misrepresentation. The claimant on appeal argued the JCC erred in admitting surveillance evidence Underlying Order of JCC Havers 3/1/19View Apellate Opinion View More

Paul T. Terlizzese JCC Beck (Sarasota)(9-24-19) – Denied continued treatment without apportionment, denied payment of unauthorized bills, granted adjustment of AWW and TPD. Orthopedic surgeon, Dr. Bright opined the claimant had degenerative findings, placed her at MMI with 0% PIR and advised she should seek treatment outside of W.C. Claimant’s one time change, Dr. Lonstein, agreed with Dr. Bright. Claimant’s IME, orthopedic Dr. Kurzner, opined the findings were work related. EMA, Dr. James Shortt, found the work incident was the... View More

Andrew R. Borah JCC Stephenson – West Palm – (9-20-2019) – Denied authorization of TTD/TPD, chiropractic care, an ankle specialist, a podiatrist and payment of medical bills. Initially, the Employer failed to report the incident to the Carrier. The claimant treated at the ER and with five chiropractors at a single office. Once notified, the Carrier authorized orthopedist Dr. Jospeh Chalal for the back and ankle, paid TTD and agreed to pay previous chiropractic bills up to a specific date.... View More