Resources

JCC Johnsen (West Palm Beach)( Kate Albin)(11-16-2020)– Granted E/C Motion to Enforce Settlement. The claimant appeared pro se at hearing and testified that she felt pressured at Private Mediation where a settlement was reached providing she would net $15,000.  She testified that while she did agree to accept $15,000, she was unhappy that her former attorney was getting a side fee of $17,500, and that she did not agree to execute a general release and resignation.  She further alleged that... View More

Noland v. City of Deerfield Beach/Johns Eastern, __So.3d___ (Fla. 1st DCA 11/6/2020) MCC/Stipulations/Waiver The DCA affirmed the JCC’s finding that the E/C preserved their MCC defense to providing orthopedic care following claimant’s 2018, private health insurance funded knee replacement. After the original 1997 timely noticed workplace left knee injury, the claimant obtained two left knee surgeries under his private insurance, and had no further treatment after 2001. He returned to his firefighter position, ran 2.5 miles a day and played... View More

JJCC Owens (Port St. Lucie) (Scott Miller)(10-21-2020) – Granted E/C’s Motion to Enforce Settlement. On July 28, 2020 the parties entered into a settlement agreement for $20,000.00 inclusive. On July 29, 2020, claimant’s counsel filed a Notice of Settlement. The E/C forwarded the settlement documents to claimant’s counsel on August 5, 2020. On August 24, 2020, claimant’s counsel emailed the E/C indicating that the claimant was refusing to execute the settlement documents and was attempting to back out of the... View More

JCC Ring (Ft. Lauderdale)(Kate Albin)(10-2-2020) – Awarded attorney fees.  The E/C timely responded that a hand specialist “will be provided,” but the appointment was not scheduled until approximately six weeks after the PFB was filed. The claimant attorney argued she expended 12.7 hours and should be compensated at $350 per hour. The JCC accepted the E/C’s position that 10.5 hours were reasonably expended, and accepted their position that as the work was performed in 2009/2010, the hourly rate should reflect that... View More

Velazquez Hernandez v. J. Sterling Quality Roofing, Inc., d/b/a Sterling Roofing/Summit, ___ So.3d ___ (Fla. 1st DCA 10/21/20) Appellate Practice/Jurisdiction The claimant sustained a traumatic brain injury and  requested, among other things, attendant care. The JCC denied attendant care without prejudice and noted that “a new prescription may create a new claim While the claimant’s appeal on the  attendant care issue was pending”.  The claimant filed  PFBs on 1/8/20 and 1/10/20 requesting attendant care, pursuant to the JCC’s Final Order.... View More