Resources

William H. Rogner JCC Dietz (Sebastian/Melbourne) – (2-25-19) – Granted 25% reduction in indemnity benefits – The Claimant was injured while working for a roofing company, which had a “100% Tie Down” policy (all employees had to be connected to a stable structure by a cable while working on a roof.) This policy was discussed regularly with all employees, including the Claimant. On the date of the injury, the Claimant initially had his cable connected, in compliance with company safety... View More

Scott B. Miller JCC Hedler (West Palm Beach) – (2-25-19) – Granted Claimant’s Motion for Advance – The Claimant alleged an injury on December 5, 2018. The Claimant further argued that he reported the injury to the employer, who failed to report the injury to the carrier. At the time of the injury, the Claimant testified that he earned $600 per week, and would have earned $800 per week after completion of his training program. The Claimant was out of... View More

Rex A. Hurley JCC Anderson (Daytona Beach)(2-20-19) – Denied Claimant’s Emergency Motion to Prevent Ex Parte Doctor Conference, finding 1994 and 2003 amendments to section 440.13(4)(c), Florida Statutes, effectively overruled the holding in Holiday Inn vs. Re., 643 So. 2d 13 (Fla. 1st DCA 1994). See JCC Lewis’s July 24, 2012, order in Kelly-Olayemi v. Broward County School Board, OJCC No: 10-027527DAL. The JCC noted that any ex parte doctor conference must be limited to a discussion of conditions relating... View More

Scott B. Miller JCC Sojourner (Orlando)(2-20-19) – JCC denied claimant’s claim for reclassification of PTD to TTD. Claimant was 73 years old at the time of the accident. She was placed at MMI and voluntarily accepted as PTD. The claimant’s PTD benefits under section 440.15(1)(b) are limited to five years. The claimant then underwent surgery and MMI was rescinded for a period of weeks. The claimant argued PTD should be suspended and TTD benefits paid until the claimant was again... View More

Robert J. Osburn JCC Sojourner (Orlando) (2-7-19) – Granted Motion to Enforce Settlement. The parties entered into a settlement agreement which the claimant later refused to execute. The JCC found the claimant gave full authority to his attorney to accept this settlement and his change of heart was not a proper basis to overturn the settlement.View JCC Merits Order View More

Paul T. Terlizzese JCC Johnson (West Palm Beach) (2-5-19) – Denied orthopedic specialist, awarded occupational medical specialist of claimant’s choice. The E/C initially authorized Concentra, and several of their physicians saw the claimant. On 7/28/17, Dr. Green, at that facility, placed her at MMI with a 0% rating. The claimant requested a one-time change from Dr. Green and the E/C timely authorized Dr. Rodriguez at MD Now, another walk-in-clinic. The next day (also timely) the E/C authorized Dr. Rosenthal of... View More