Resources

Andrew R. Borah JCC Forte (Miami) – (3-8-19)– Denied all further benefits based on misrepresentation – The claimant sustained a compensable right shoulder injury. At the claimant’s deposition he acknowledged a prior MVA in 2009 to the low back, a childhood sports injury to the hip, surgery to the left hand due to infection, and a prior kidney biopsy. He denied prior pain, injury, treatment with a doctor, and x-ray of the shoulder. Records subpoenaed from the facility where the... View More

Scott B. Miller JCC Sojourner (Orlando) (3-6-19) – Denied all benefits pursuant to Claimant’s Misrepresentation under 440.09(4) and 440.105. The claimant suffered injuries to his neck, low back, and right shoulder, which the Employer/Carrier initially accepted as compensable. After authorized treatment was provided, including a right shoulder surgery, the E/C discovered that the claimant had suffered a right shoulder injury approximately 6 months prior to the industrial accident. The claimant failed to disclose that history at deposition or to his... 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. 11th Circuit Cases McGuire v. United Parcel Service, Inc., (3/29/19) ADA/FCRA and Workers’... View More

William H. Rogner JCC Dietz (Sebastian/Melbourne) – (2-25-19) – Granted 25% reduction in indemnity benefits – The Claimant was injured while working for a roofing company, which had a “100% Tie Down” policy (all employees had to be connected to a stable structure by a cable while working on a roof.) This policy was discussed regularly with all employees, including the Claimant. On the date of the injury, the Claimant initially had his cable connected, in compliance with company safety... View More

Scott B. Miller JCC Hedler (West Palm Beach) – (2-25-19) – Granted Claimant’s Motion for Advance – The Claimant alleged an injury on December 5, 2018. The Claimant further argued that he reported the injury to the employer, who failed to report the injury to the carrier. At the time of the injury, the Claimant testified that he earned $600 per week, and would have earned $800 per week after completion of his training program. The Claimant was out of... View More

Rex A. Hurley JCC Anderson (Daytona Beach)(2-20-19) – Denied Claimant’s Emergency Motion to Prevent Ex Parte Doctor Conference, finding 1994 and 2003 amendments to section 440.13(4)(c), Florida Statutes, effectively overruled the holding in Holiday Inn vs. Re., 643 So. 2d 13 (Fla. 1st DCA 1994). See JCC Lewis’s July 24, 2012, order in Kelly-Olayemi v. Broward County School Board, OJCC No: 10-027527DAL. The JCC noted that any ex parte doctor conference must be limited to a discussion of conditions relating... View More