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Updated 6-4-21 Zurich v. Samson, ___ So.3d___ (Fla. 2d DCA 5/28/21)Rule Nisi/Limits of Court Ordered Sanctions The claimant sought an orthopedic eval on 6/27/19.  Despite the carrier responding to the PFB on 7/23/19 that they would set the eval up, the JCC subsequently entered a Final Order requiring Zurich to authorize and provide the orthopedic treatment on 8/22/19.  The opinion states the claimant was “turned away” at two separate appointments, and on 10/28/19, the claimant filed a Rule Nisi in... View More

JCC Owens (Port St. Lucie) (Andy Borah)(4-19-21) – Denied the claims for the 6/27/18 and 6/19/19 dates of accident based on misrepresentation and denied the claim for a visit with Dr. Woltz for the 8/17/19 date of accident. Regarding the first two dates of accident, the claimant testified during her deposition that she never had low back problems prior to the 6/27/18 date of accident. The E/C presented evidence of the claimant seeing her family physician on 1/10/19 where she... View More

Updated 4-30-21 Deca Mfg. Co./Southern Owners Ins. v. Beckett, ___ So.3d___ (Fla. 1st DCA 4/8/21)Statute of Limitations/Medical Devices The JCC denied the E/C’s SOL defense under the 1989 version of the law which applied to claimant’s date of accident. The claimant ultimately had screws and rods inserted surgically in her cervical spine. The applicable version of the statute contained an exception to the SOL (since removed) which stated: “However, no statute of limitations shall apply to the right for remedial... View More