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As of 2-28-21, no DCA decisions in February. Please note that the DCA Opinions and Merit Orders contained in this newsletter are non-final until 30 days after their rendition. Until that time, they are subject to amendment, vacation, or other action which may remove or alter some or all of the decision. Please contact any HR LAW attorney if you have a question as to the finality and applicability of an Opinion or Order. We endeavor to include any amendments... View More

Cristin v. Everglades Correctional Inst./Div. of Risk Mgmt., (Fla. 1st DCA 12/31/2020) Medical Evidence/Daubert/EMAs The DCA reversed and remanded the case for the JCC to rule on Claimant’s Daubert objections to the opinion testimony of the E/C’s IME. The parties each obtained IMEs following the E/C’s denial of compensability. The central issue was whether the claimant/correction officer’s workplace syncope, fall and seizures were due to a pre-accident treatment regimen for prostate cancer (the “Gerson regimen,” which included a vegan diet,... View More

JJCC Dietz (Sebastian/Melbourne)(Jamey Rodgers)(12-10-2020) – JCC denied compensability of fall at work.  The claimant fell at work as she was leaving for the day.  According to her own testimony, she did not know what had caused the fall as it had happened so quickly.  Lay witnesses for the employer indicated there were no defects in the carpeted floor or in the lighting of the area.  The E/C presented expert testimony from an engineer indicating there were no anomalies present which... View More

JCC Medina-Shore (Miami)(Tim Stanton) (12-16-2020)– Denied claim for attorney’s fees.  Counsel for the claimant argued fee entitlement for obtaining compensability of several body parts.  The PFB sought compensability of several body parts and a follow up visit with a walk-in clinic, the carrier paid for  authorized treatment of those body parts.  The JCC found there was no fee entitlement as all medical care provided occurred within 30 days of the carrier’s receipt of the PFB.  Counsel for the claimant also... View More

JCC Kerr (Miami)(Tim Stanton)(12-14-2020) – Awarded prevailing party costs of $1,796.21.  The PFB sought various medical benefits.  The E/C denied the claim based upon misrepresentation.  The claimant subsequently voluntarily dismissed the PFB and the E/C was considered the prevailing party.    Click here to view Order View More

Sullivan v. NUCO2, LLC/Broadspire, (Fla. 1st DCA  12/9/2020) 120-Day Rule/Waiver/Apportionment/De-Authorization The DCA reversed the JCC’s apportionment of IBs and medical care, but affirmed his finding of an 18% PIR and continued authorization of Dr. Steen.  Following a 2016 shoulder injury, an MRI showed a massive rotator cuff tear and significant pre-existing changes. One-time change Dr. Steen performed shoulder surgery in 2/17.  After placing the claimant at MMI in 1/18 with an 18% PIR, Dr. Steen signed an E/C letter saying... View More