Resources

JCC Havers (Miami) – (Andrew Borah) (6-9-25) – JCC denied claims for compensability and treatment for left shoulder due to being barred by res judicata. The claimant was a 75-year-old housekeeper who slipped and fell on her back. The claimant received emergency treatment for a T-12 fracture and then subsequently complained of left-shoulder pain, however, E/C only accepted compensability of T-12 fracture and provided authorized treatment for such. After providing years of treatment, E/C issued a denial for all further treatment... View More

JCC Weiss (Fort Myers) (Jonathan Cooley) (6-3-2025) – Denied attendant care and Ensure shakes. The claimant suffered an electrical shock injury, resulting in a left-arm amputation at the elbow and his left fifth toe being amputated. Ultimately, he underwent approximately 22 surgeries.  The claimant, a 27-year-old man, lives at home. He and his mom pushed the nurse practitioners to recommend home health care. However, the authorized plastic surgeon, Dr. Danker, did not write a prescription for home health care or... View More

Fox v. Sarasota County School Board, ___So.3d___(Fla. 1st DCA 6/25/25E/C-Paid Attorney Fees & Costs/JCC Jurisdiction The parties settled the underlying claims for $114,900 and submitted a Motion for fees on the washout of $12,240, which the JCC approved. Later that day the parties submitted a stipulation on past fees ($60,308.72) and costs ($24,691.28).  The JCC denied the stipulation. The DCA vacated the denial and analyzed JCC jurisdiction over employer paid fees. F.S. s. 440.34(1) states that attorney fees may not be... View More

Sapp v. Sims Crane & Equip. Co./Bridgefield Cas. Ins. Co., ___So.3d ___(Fla. 1st DCA 5/7/25) Alternate Coverage/JCC Jurisdiction F.S. s. 440.211 provides that a Negotiated WC Insurance Program (NWCIP) can have a Collective Bargaining Agreement (CBA) that removes the JCC’s jurisdiction over a workplace accident/injury claim, but rather requires arbitration.  The claimant agreed that a NWCIP was in place, but argued it should not apply (and the JCC should have jurisdiction) because the parties did not mutually agree/consent to the... View More

No DCA decisions for April. View More