Resources

Updated 6-4-21 Zurich v. Samson, ___ So.3d___ (Fla. 2d DCA 5/28/21)Rule Nisi/Limits of Court Ordered Sanctions The claimant sought an orthopedic eval on 6/27/19.  Despite the carrier responding to the PFB on 7/23/19 that they would set the eval up, the JCC subsequently entered a Final Order requiring Zurich to authorize and provide the orthopedic treatment on 8/22/19.  The opinion states the claimant was “turned away” at two separate appointments, and on 10/28/19, the claimant filed a Rule Nisi in... View More

Updated 4-30-21 Deca Mfg. Co./Southern Owners Ins. v. Beckett, ___ So.3d___ (Fla. 1st DCA 4/8/21)Statute of Limitations/Medical Devices The JCC denied the E/C’s SOL defense under the 1989 version of the law which applied to claimant’s date of accident. The claimant ultimately had screws and rods inserted surgically in her cervical spine. The applicable version of the statute contained an exception to the SOL (since removed) which stated: “However, no statute of limitations shall apply to the right for remedial... View More

Updated 3-26-21 Ali v. American Airlines and Sedgwick CMS, (Fla. 1st DCA 3/17/2021)Award of Fees/Costs The claimant filed three PFBs and the E/C provided the benefits within the 30 days.  Claimant sought attorney’s fees and costs related to the PFBs but the JCC denied the request.  The DCA reversed the JCC’s Order, holding that the claimant was the prevailing party because the benefits were provided after the filing of the PFBs. Therefore, the claimant was entitled to an award of costs. ... View More

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

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