Resources

JCC Dietz (Sebastian/Melbourne)(Greg White)(10-14-21): Denied defense of misrepresentation and declination of taking a drug test, denied payment of past medical care, granted TPD from 2/3/2, and granted authorization of Flexeril, Ibuprofen and an orthopedist. The claimant was injured when a saw he was using struck him in the chest. He was cut, but no medical treatment was authorized by the employer. He went home, cleaned up and returned to work. He denied refusing a drug test.  He ultimately went on... View More

Updated 10-8-21 Cabrera v. Kablelink Communications LLC/Sedgwick, ___ So.3d___ (Fla. 1st DCA 10/6/21)Independent Contractor/Construction Industry The DCA affirmed the JCC’s finding that a residential cable installer was not an employee, but an “independent contractor” and not entitled to benefits.  After a serious fall, the claimant sought WC benefits from Kablelink, who denied on the basis of their prior agreement stating he was an independent contractor. The claimant alleged even with that agreement, he was entitled to benefits as an independent... View More

JCC Weiss (Ft. Myers) (Tim Stanton)(10-6-21)) – Denied attorney fee entitlement. The claimant’s attorney argued fee entitlement for multiple petitions. Prior to the hearing, the E/C stipulated to fees for two PFBs but argued no entitlement for the remaining PFBs. First, the claimant’s attorney argued that he was entitled to a fee for a request for a PCP. The E/C previously authorized MD Now, who transferred care to an orthopedic, and Dr. Rosabal was authorized. The claimant subsequently filed a... View More

Updated 9-30-21 Harman v. Merchant Transport/CCMSI,  (Fla. 1st DCA 9/15/21)One-Time Change/Reasonable Distance/Right to Choose The DCA affirmed the JCC’s decision to provide an alternate physician to claimant and to preserve the E/C’s right of selection under Fla. Stat. 440.13(2)(f). The claimant requested a one-time change in allergists from Dr. Koutsonikolis to Dr. Tuer. The E/C attempted to schedule an appointment with Dr. Tuer before learning the office no longer accepted “worker’s compensation” and subsequently scheduled an appointment with Dr. Mark,... View More