Resources

JCC Medina-Shore (Miami) (Andrew Borah) (5-24-23) – Denied E/C paid attorney’s fees. The JCC found the E/C timely authorized the medical care requested in the 3/28/19 PFB. The 3/28/19 PFB requested authorization of a PCP in Miami. The claimant moved to NC and filed a new PFB on 4/22/19 in NC requesting authorization of a PCP in NC. The E/C agreed to authorize Concentra in NC at mediation 1.5 months later. The E/C agreed to fees/costs on the 4/22/19 PFB.... View More

JCC Young (St. Petersburg) (Andrew Borah) (5-24-23) – Denied TPD/TTD. The claimant treated with Dr. Brotherton until 11/9/22 when she was placed at MMI and referred to pain management. Dr. Zaffer was authorized and he noted he was treating the claimant palliatively but also placed the claimant on work restrictions. On 3/27/23 he placed the claimant at MMI from a pain management perspective. He was deposed and asked whether it was his hope he could provide the claimant with lasting... View More

JCC Pitts (Orlando) (Sofia Rogner) (5-23-23) – Granted E/C’s Motion to Enforce Settlement Agreement. The claimant was involved in two different industrial accidents with the same employer. Between the two dates of accident, the employer changed carriers. The parties scheduled and held a global mediation conference on November 30, 2022; at the end of which they reached a settlement agreement. The settlement documents were sent to the claimant, which she refused to sign.  The claimant did not appear nor testify... View More

JCC Hedler (West Palm Beach) (Sofia Rogner)(5-18-23) – Denied all benefits based on MCC, Res Judicata/Two Dismissal Rule and Misrepresentation.  The E/C’s IME, Dr. Stein, opined the MCC of the claimant’s injuries were preexisting and accepted by the JCC. The claimant, through his prior and current attorney, had voluntarily dismissed at least three PFB’s, with accident descriptions and dates, which were either the same or similar.  The claimant had a history of bilateral hand treatment which he denied in deposition,... View More

JCC Johnsen (West Palm Beach) (Brian Ricotta) (4-13-23) Granted the E/C’s Motion for Prevailing Party Costs in full. The E/C sought prevailing party costs of $1,352.50.  The claimant objected to two pre-depo doctor conferences totaling $500.00.  The JCC found awarding these costs were within his discretion.  The JCC awarded the full costs sought, including the two pre-depo conference fees.  Click here to view Order View More

JCC Medina-Shore (Miami-Dade) (Andy Borah) (2-21-23) – Denied follow-up appointment. Dr. Rajadhyaksha treated the claimant for a compression fracture of the T12 level. After the fracture healed, he opined the industrial injury was no longer the MCC of her complaints and need for continued treatment and told her to follow up with her personal physician for her degenerative spinal arthritic condition. Dr. Langone, the claimant’s IME, opined that the support mechanism of the thoracic cage was altered and the claimant... View More