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Cabrera v. Regis Group Holdings Inc. / Wesco / AmTrust North America of Florida
HR Law Cases
Andrew R. Borah JCC Almeyda – Miami (8/2/19) – Denied claim for TPD benefits. JCC ordered Dr. Hodor as an expert medical advisor due to disagreement in medical opinions of Drs. Brusovanik and Rayadhyaksha. JCC relied on Dr. Hodor’s report and held although the Claimant was not at MMI he Claimant did not have any work restrictions as he was driving a florist van without any difficulty.View JCC Merits Order View More
Stanton v. Equity Lifestyle Properties, Inc. / Liberty Mutual Insurance
HR Law Cases
Scott B. Miller JCC Beck – Sarasota (7-12-19) – Denied authorization of PCP. Claimant, rendered a quadriplegic from a surgical fracture, sought authorization of a PCP, costs, and attorney fees. E/C argued it timely authorized Dr. Cosmo (pulmonologist and internist) as Claimant’s PCP, and no costs/fees were due. Since 440.13(1) does not contain a definition of PCP, the JCC looked to “PCP” as defined in the managed care section 440.134(1)(k), which states that “Primary care provider” means, except in the... View More
Martinez v. F.P.G Wholesale Inc. & Associated Industries/Amtrust North America of Florida
HR Law Cases
Andrew R. Borah JCC Medina-Shore (Miami)(6-12-19) – Denied claim for TPD benefits, penalties, and interest. The claimant was involved in a compensable accident sustaining injuries to his back. The E/C authorized treatment and the claimant was placed on light duty restrictions. The Employer provided the claimant with two assistants so that he could work within his assigned restrictions. However, the claimant stopped working because the pain in his back was too much to handle and he was no longer being... View More
Hernandez v. Suffolk Construction Company, Inc. / Liberty Mutual Insurance / ACE / AIG Claims
HR Law Cases
Brian M. Ricotta JCC Almeyda (Miami) (6-11-19) FINAL COMPENSATION ORDER – Denied compensability of ER Hospital Bill. The claimant did not provide any objective medical evidence that the Emergency Room Treatment was medically necessary, reasonable, or causally related to the industrial accident. Additionally, no evidence was submitted that treatment was a result of an emergency medical condition.View JCC Merits Order View More
Addison Drywall, Inc. and Bridgewell Employers v. Salvador Torres, CRB Contractors, LLC and Normandy Insurance Co.
HR Law Cases
William H. Rogner Final Orders/Required and Surplus Language (5-13-19) Bridgefield appealed the JCC’s finding they were the employer, which the DCA affirmed. The claimant appealed the JCC’s denial of certain medical bills, and what we felt was an error of the JCC in not awarding TTD beyond the date of hearing. The claimant felt that since there was no evidence supporting benefits should end upon the date of the hearing, the Order should have said “for so long as such... View More