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Updated 10-30-23 Normandy Insurance Co. V. Bouayad/Value Car Rental, ___ So.3d__(Fla.1st DCA 10/20/23)Motion for Rehearing (Bill Rogner) The DCA issued a denial of the Appellee’s Motion for Rehearing. In August, the DCA vacated the JCC’s finding that a workplace shooting arose out of employment, but certified to the Florida Supreme Court the following question of great public importance: NOTWITHSTANDING STROTHER V. MORRISON CAFETERIA, 383 SO. 2D 623 (FLA. 1980), WHEN AN ACT OF A THIRD-PARTY TORTFEASOR IS THE SOLE CAUSE OF... View More

JCC Arthur (Tampa) (Paul Terlizzese) (10-9-23) – Denied PTD benefits, TTD benefits and impairment benefits. In this claim, defended by HR Law Shareholder Paul Terlizzese, the claimant was a registered nurse who injured her back during a patient transfer.  She had low back surgery.  The claimant reached MMI in March 2020.  The claimant’s permanent work restrictions included no lifting or carrying greater than 10 pounds and no repetitive bending or twisting.  A later FCE indicated the claimant could occasionally lift... View More

JCC Anthony (Tampa) (Bill Rogner) (9-27-23)– Denied payment of medical bill, authorization of orthopedic specialist, authorization of physical therapy and authorization of lumbar spine MRI. The claimant initially reported no injuries after a minor work-related motor vehicle accident. Subsequent to his termination for causing the accident, he alleged lower back and neck injuries. The E/C’s IME, Geoffrey Cronen, M.D., opined that the claimant suffered no injury in the accident. The claimant’s IME, Elaine Blair D.C., opined that the claimant sustained... View More

JCC Clark (Ft. Myers) (Rex Hurley & Jonathan Cooley) (9-22-23)- Denied claimant’s Motion to Enforce Settlement Agreement. The claimant argued the parties reached a verbal settlement agreement that included all essential terms. The claimant’s attorney subsequently emailed the E/C’s attorney stating the claimant agreed to settle his claim for the figures discussed. The email further sought confirmation that the E/C remained responsible for unpaid bills and would issue a $2,000.00 advance to claimant. Although the claimant argued these additional terms... View More