Resources

JCC Ring (Fort Lauderdale) (Derrick Cox)(1-28-22)  – Denied PTSD claim.  While working light duty at the fire station, the claimant experienced shortness of breath and broke down crying after observing videos and pictures depicting fire rescues. The JCC held that the events from the date of accident did not match any of the 11 listed events that are qualifying events for compensability of PTSD under 12.1815(5). Further, the JCC rejected the claimant’s argument that the other sections of 12.1815 should... View More

Updated 2-28-22 Soya v. Health First, Inc./CCMSI,   (2-21-22)   (Fla. 1st DCA 2/2022)Compensability/Arising Out Of(Jamey Rodgers/Bill Rogner) The DCA reversed and remanded the JCC’s Order denying compensability. The claimant did not know why she fell at work. The JCC’s denial tracked Valcourt’s analysis and denied benefits,  finding “an accident is compensable under Valcourt only if the employment necessarily exposed the claimant to conditions that would substantially contribute to the risk of injury to which the Claimant would not normally be exposed during... View More

JCC Clark (Fort Myers)(Greg White)(2-1-22) – Awarded E/C costs of  $1,690.20 out of $2,040.20 sought by the E/C. The claimant’s attorney filed two PFBs and later filed notices of resolution for both, thereby not pursuing two other benefits that were on the petition. The E/C argued that the claimant abandoned her claims for the aforementioned benefits by filing the NOR and, thereby making the E/C the prevailing party on those issues. The JCC distinguished between entitlement to costs vs. entitlement to... View More

Updated 1-28-22 Noa v. City of Aventura/Fla. League of Cities, (Fla. 1st DCA 1/25/22)AWW Calculation/Inclusion of Annual Merit Bonus The DCA reversed the JCC’s decision not to include a portion of the claimant’s pro rata share of an annual merit bonus in her AWW calculation. Following claimant’s 2/27/20 work accident, she continued working and on 8/6/20 received a merit bonus for the period 7/24/19 to 7/19/20.  The E/C declined to include these amounts in the AWW calculation, asserting the bonus... View More

JCC Lewis (Fort Laud) (Greg White)(1-25-22) – Granted E/C’s Motion for Summary Final Order and denied request for one-time change. The claimant filed Petitions requesting a one-time change on 8/24/2021 and 9/3/2021. The JCC previously issued a final compensation Order on 9/3/2021 finding that the industrial accident was no longer the MCC of the need for medical care and that further treatment was not medically necessary due to the work accident, as of 12/14/2020. Accordingly, the JCC held that the... View More