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Ervin v. David Costa Enterprises, Inc. / Zenith
HR Law Cases
JCC Newman (Tallahassee) (Matt Bennett) (5-17-24) – The claimant’s attorney filed claims for authorization of a psychiatrist and TPD from the date of accident to the present and continuing.   The psychiatrist was authorized about 40 days after the PFB and the E/C conceded fee entitlement.   The E/C also conceded to pay $600.00 in TPD to resolve a few late payments and two weeks of disputed payments prior to the choosing to no longer work the available light duty.  The rest... View More
Bailey v. Evergreen Erosion Services, Inc. / Amtrust
HR Law Cases
JCC Havers (Miami) (Andy Borah) (5-15-24) – Awarded partial attorney fees and costs. The E/C agreed at mediation to compensability of multiple body parts, but not the low back. The E/C stipulated to the claimant’s attorney’s fee entitlement for obtaining compensability of the body parts and medical treatment for such. The claimant’s attorney asserted additional fee entitlement for obtaining compensability of the low back and payment of TPD benefits. The claimant’s attorney retained a fee expert in support of his... View More
Lakatis v. Citrus County Sheriff’s Office / FSRMF
HR Law Cases
JCC Anthony (Tampa) (Rex Hurley) (4-26-24) – Denied indemnity benefits, medical benefits and compensability. The claimant worked as a patrol sergeant for the Citrus County Sheriff’s Office. On April 26, 2023, he was on duty on the treadmill in the department gym when he felt a burning sensation in his chest. He also felt pain the following day at work while helping to unload metal poles. On April 28, 2023, he woke up, got out of bed and felt the same burning... View More
Barros v. Whole Foods Market / Gallagher Bassett
HR Law Cases
JCC Massey (Tampa) (Scott Miller) – (4-26-24) Denied authorization of left knee brace. The claimant injured his left knee on October 5, 2019, when a heavy piece of equipment fell off a table, bounced off the floor and struck the outside of the claimant’s knee. Prior to this accident, the claimant treated with Dr. Sellman for left-knee pain. The claimant underwent an MRI on January 9, 2019, which showed an MCL strain, mild osteoarthritis, chondromalacia patella and joint effusion. Following the... View More
Fonte v. ECU Worldwide / MEMIC
HR Law Cases
JCC Kerr (Miami)(Andy Borah) (4-24-24) – Denied TTD, TPD, Spanish interpreter, transportation, PCP, CT scan for right ankle, psychologist, pain management, face injections. The claimant alleged injuries to his back, neck and shoulders due to repetitive heavy lifting. The E/C denied compensability arguing the claimant’s work duties were not the MCC of his medical condition or need for treatment. The JCC found the claimant was only required to lift on rare occasions and did not perform repetitive heavy lifting in... View More
Santoyo-Cardenas v. Masonry, Inc. / Culpepper Construction Company / Stanley Smith Drywall, Inc. / National Union Fire Insurance / American Interstate Insurance Company / Liberty Mutual
HR Law Cases
JCC Newman (Tallahassee) (Richard Stoudemire) (4-1-24) – Denied all benefits based on statute of limitations defense. The claimant sustained injuries while performing construction work for his own company, a Georgia corporation. The claimant’s company subcontracted from Stanley Smith, Inc. His company presented a certificate of insurance to Stanley Smith, Inc., but the company only had coverage in Georgia, not Florida. The claimant initially only filed a Circuit Court tort action against the general contractor and a separate contractor, but not... View More