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Updated 8-27-21 Estate of McKenzie v. Hi Rise Crane/Bridgefield Employers Ins. Co.,So.3d__(Fla. 1st DCA 8/19/21) Dismissal of Claims/Relation Back The DCA reversed and remanded the JCC’s dismissal of a PFB filed by the deceased claimant’s sister. The claimant’s accident occurred on 1/26/18 and he passed away in August of that year. The claimant’s attorney filed two PFBs for that date of accident and dismissed the PFBs shortly before his death. On 1/24/20, the same attorney filed a PFB on behalf... View More

JCC Forte (Fort Lauderdale) (Tony Amelio) (8-10-21)– Denied Compensability. The claimant, a leased employee, alleged that he injured his left arm when he fell from a ladder. The claimant initially reported to Care Sport and reported that he smoked medical marijuana. On this visit, he also reported that he fell off his roof at home, when the accident occurred at work.  Further, he initially refused to submit to a drug test. However, subsequently, 14 days post-accident, he presented for a... View More

JCC Pitts (Orlando) (Bill Rogner)(8-5-21) – Denied compensability for untimely reporting. Claimant was pro se at trial but had been previously represented by counsel. Claimant’s apparently otherwise compensable MVA was not timely reported to the PEO. Claimant owned the client company and, accordingly, signed an employee contract with the PEO as well as a client leasing agreement, both of which required any accident to be reported to the PEO within 30 days and expressly indicated that failure to do so... View More

JCC Kerr (Miami) (Andy Borah for the E/C)(7-1-21) – Denied claimant’s amendment to Pretrial Stipulation, TPD benefits, attorney’s fees, and costs. The claimant argued that the claim for “Penalties and Interest: P&I for TP from March 1, 2020 through December 21, 2020” was scrivener’s error and sought to amend the pretrial claim at Final Hearing to a claim for TPD from 3/23/2020 to 12/20/2020 plus penalties and interest. The claimant argued that the parties tried the issue by consent and... View More