Resources

Palm Beach Circuit Court (Andy Borah)(11-22-21) – After the parties were unable to informally resolve the School District’s WC lien on the claimant’s third-party recovery, the claimant filed  a Petition for Equitable Distribution.  Circuit Court Judge Coates presided over the Equitable Distribution Hearing to determine the School District’s third-party lien amount and the Manfredo percentage of lien recovery on the claimant’s $500,000.00 third-party settlement, which netted the claimant $286,478.00. The claimant asserted the lien recovery should be $6,395.87 while the... View More

JCC Sojourner (Orlando) – (Scott Miller)(11-18-21) Denied all benefits based upon misrepresentation.  The Claimant injured her left shoulder, neck, chest wall and lumbar spine in a 2016 MVA.  She had a lumbar MRI and treatment to these body parts following the MVA.  In her deposition, she admitted to the prior MVA but indicated she only treated for her chest and not for her low back.  Her authorized physiatrist, Dr. Gerber, testified the Claimant failed to tell him about the prior... View More

JCC Medina-Shore (Miami)(Kate Albin)(11-19-21) – The JCC rejected the claimant’s attorney’s argument for fee entitlement for obtaining laser therapy since the E/C agreed to provide the laser therapy within 30 days of receipt of the petition. The JCC also denied the claimant’s attorney’s argument for fee entitlement for obtaining indemnity benefits since the indemnity benefits were also provided within 30 days of receipt of the petition. The E/C previously stipulated to fee entitlement for the claimant’s attorney obtaining $66.41 in... View More

JCC Almeyda (Miami)(Vanessa Irvin)(11-17-21) – Denied treatment to cervical spine.  Treating doctors, Dr. Stein and Dr. Ramirez, opined the Claimant’s neck injury resolved.  The Claimant’s IME, Dr. Langone, also opined the Claimant’s neck injury resolved.  An EMA, Dr. Gombosh, was appointed pertaining to the Claimant’s shoulder injury.  The EMA recommended additional treatment for the neck injury.  The JCC found this opinion was outside the scope of the EMA assignment.  Based on the opinions of Drs. Stein, Ramirez and Langone, treatment... View More

ARE EMPLOYERS RESPONSIBLE FOR REACTIONS TO VACCINES?  Frequently, employers are recommending and even requiring COVID-19 vaccinations for employees. Compensability has been driven the past 20 years by Monette v. Manatee Memorial Hosp., the 1991 DCA decision that held an adverse reaction to an employer-sponsored flu vaccine was compensable. Monette still holds today when employees are required to vaccinate by their employers, but after Sedgwick CMS v. Valcourt-Williams, a gray area exists for employees who were vaccinated at their employer’s recommendation,... View More