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JCC Sojourner (Orlando) (Rex Hurley)(5-12-22) – Denied all benefits.  The claimant was employed by the fire department for 19 years. In 2004, he was diagnosed with compensable hypertension. Fast forward to 2021, the authorized provider refused to refill the claimant’s medication without an appointment, but the claimant could not secure an appointment for several months. A week before the follow-up, the claimant was taken to the hospital with elevated blood pressure. The claimant’s IME, E/C’s IME and authorized provider indicated... View More

Updated 5-27-22 Guerera v. Becton Dickinson Co./Sedgwick, ___ So.3d___ (Fla. 1st DCA 5/4/22)Attorney Fees/Benefits Obtained The JCC denied entitlement to E/C-paid attorney fees asserted to be owed for P&I on IBs, and for an increase in the AWW. The DCA affirmed as to the P&I fee issue but reversed as to the fee denial for the AWW increase. The JCC found “no actual or real benefit was secured” since the claimant was at the Maximum Compensation Rate. However, the DCA found... View More

JCC Clark (Ft. Myers) (Scott Miller)(4-13-22) – Denied compensability of claimant’s accident finding the accident did not arise out of the claimant’s employment. While there were various “inconsistent, incomplete and…confusing” descriptions of the claimant’s accident in the medical records, the JCC accepted the description of accident the claimant provided at deposition and at final hearing, which was that he injured his low back while standing up from the kneeling position after baiting a rat trap. It was not in dispute... View More