Resources

Julie C. Zobec JCC Johnsen (West Palm Beach) (9-11-19) – Granted E/C’s Motion to Dismiss/Tax Costs. Denied E/C’s Motion to Compel Claimant’s Attendance at IME. The PFB sought medical treatment and the E/C responded denying compensability of the claim. The E/C sent correspondence to the claimant of the appointment with their IME (Dr. Brian Reiter), which the claimant failed to attend. The JCC ordered the claimant to the second scheduled IME appointment, which the claimant again failed to attend. Subsequently... View More

Andrew R. Borah JCC Stephenson (West Palm Beach)(9-5-2019) – Denied TTD/TPD, denied authorization of chiropractic care, authorization of ankle specialist, payment of independent imaging bills, authorization of podiatrist, bills for doctor, denied PICA. JCC found that the claimant was medically non-compliant and was not entitled to indemnity benefits from April 2019 to present as long as still non-compliant. The E/C originally accepted ankle and back injuries and authorized care. The claimant then used her own doctor as self help claiming... View More

W. Rogers Turner, Jr. JCC Sojourner (Orlando)(8-26-19 (Denied return appointment to authorized physician based on MCC. The claimant injured her left elbow and wrist, and was eventually authorized to treat with Dr. Riggenbach as a 1x change. Dr. Riggenbach was deposed on two occasions. Initially, Dr. Riggenbach recommended physical therapy, an MRI of the left wrist and prescribed a sling for the left arm. The MRI revealed indeterminate tenosynovitis of the flexor tendons and some soft tissue edema. After showing... View More

Andrew R. Borah JCC Jacobs (Miami) (8-23-19) – Dismissed PFB with Prejudice. The claimant filed a petition for authorization of a neurologist. The E/C denied the claim, asserting a major contributing cause defense, and arguing that a neurological evaluation is not medically necessary. However, the E/C accepted the scalp contusion as compensable. The claimant subsequently moved from Miami to New Jersey, and admitted he was able to drive from Miami to New Jersey. However, the claimant asserted he could not... View More

Willam H. Rogner, appeal, Andrew R. Borah, trial Fla. 1st DCA (8-21-19)Statute of Limitations/Estoppel The DCA affirmed the JCC’s finding that the claim was barred by the Statute of Limitations (SOL) and that estoppel did not apply. On 8/30/2017, the claimant attorney faxed a letter to the E/C requesting a replacement neurologist, and a one-time change in orthopedist. The next day, the claimant filed a PFB seeking the same benefits. On 9/1/17, the E/C attorney emailed the claimant attorney, stating... View More

Derrick E. Cox JCC Stanton (Gainesville)(8-8-19) – Denied continued medical care of the lumbar, denied compensability of the hip/SI joint and denied payment of impairment benefits. Claimant treated with Dr. Choksi for a compensable low back strain and was placed at MMI. Claimant obtained a one-time change with Dr. Trigueiro, who agreed with Dr. Choksi’s MMI date and testified that any further need for medical care was due to her pre-existing degenerative disc disease. The claimant obtained an IME, Dr.... View More