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Andrew R. Borah JCC Jacobs (Miami) (8-23-19) – Dismissed PFB with Prejudice. The claimant filed a petition for authorization of a neurologist. The E/C denied the claim, asserting a major contributing cause defense, and arguing that a neurological evaluation is not medically necessary. However, the E/C accepted the scalp contusion as compensable. The claimant subsequently moved from Miami to New Jersey, and admitted he was able to drive from Miami to New Jersey. However, the claimant asserted he could not... View More

Willam H. Rogner, appeal, Andrew R. Borah, trial Fla. 1st DCA (8-21-19)Statute of Limitations/Estoppel The DCA affirmed the JCC’s finding that the claim was barred by the Statute of Limitations (SOL) and that estoppel did not apply. On 8/30/2017, the claimant attorney faxed a letter to the E/C requesting a replacement neurologist, and a one-time change in orthopedist. The next day, the claimant filed a PFB seeking the same benefits. On 9/1/17, the E/C attorney emailed the claimant attorney, stating... View More

Derrick E. Cox JCC Stanton (Gainesville)(8-8-19) – Denied continued medical care of the lumbar, denied compensability of the hip/SI joint and denied payment of impairment benefits. Claimant treated with Dr. Choksi for a compensable low back strain and was placed at MMI. Claimant obtained a one-time change with Dr. Trigueiro, who agreed with Dr. Choksi’s MMI date and testified that any further need for medical care was due to her pre-existing degenerative disc disease. The claimant obtained an IME, Dr.... View More

Andrew R. Borah JCC Almeyda – Miami (8/2/19) – Denied claim for TPD benefits. JCC ordered Dr. Hodor as an expert medical advisor due to disagreement in medical opinions of Drs. Brusovanik and Rayadhyaksha. JCC relied on Dr. Hodor’s report and held although the Claimant was not at MMI he Claimant did not have any work restrictions as he was driving a florist van without any difficulty.View JCC Merits Order View More

This Update contains summaries of all relevant Appellate decisions for the preceding week, with comments on how a particular decision affects you. In addition, we review daily the Merit Orders posted on the DOAH website. This Update contains summaries and links to relevant JCC decisions for the past week. Please feel free to contact Rogers Turner (rturner@hrmcw.com) with questions or comments on any of the listed cases. DCA Cases Godwin v. Hillsborough County School Board/Broadspire, (Fla. 1st DCA 8/29/2019) Expert... View More

Scott B. Miller JCC Beck – Sarasota (7-12-19) – Denied authorization of PCP. Claimant, rendered a quadriplegic from a surgical fracture, sought authorization of a PCP, costs, and attorney fees. E/C argued it timely authorized Dr. Cosmo (pulmonologist and internist) as Claimant’s PCP, and no costs/fees were due. Since 440.13(1) does not contain a definition of PCP, the JCC looked to “PCP” as defined in the managed care section 440.134(1)(k), which states that “Primary care provider” means, except in the... View More