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Andrew R. Borah JCC Kerr (Miami)(10-24-18) – The JCC denied claims against multiple employers and carriers. The JCC found the company the claimant was employed by at the time of the accident had only three employees and therefore was not required to obtain workers’ compensation insurance. The claims against other possible employers were dismissed.View JCC Merits Order View More

Derrick E. Cox JCC Stanton (Gainesville)(10-24-18) – The JCC denied the claim based on the coming and going rule. The claimant worked at various hospitals as a nurse. The claimant argued she was a travelling employee at the time of the accident. The JCC accepted the employer’s testimony that the claimant was not required to accept non-local nursing assignments, which the claimant sometimes accepted. The claimant elected to take these non-local assignments and was not required to do so. Moreover,... View More

Andrew R. Borah JCC Kerr (Miami)(10-22-18) – The JCC denied authorization of one-time change with Dr. Vega. The JCC found the carrier properly provided a one-time change with Dr. Saff. The JCC rejected the claimant’s argument that Dr. Saff was too far away without evidence of same.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. Florida Supreme Court Cases Delisle v. Crane co., et al, (Fla. 10/15/18) Evidence/Daubert... View More

Derrick E. Cox JCC Stanton (Gainesville)(9-11-18) – Compensability denied at bifurcated hearing. The claimant was employed as a per diem nurse and was involved in a car accident on her way home from a regularly scheduled hospital assignment. The JCC concluded that the claimant was not a traveling employee because she was not required to travel for her job, she was free to accept or decline assignments and the employer did not pay for any travel expenses. The JCC also... View More

Derrick E. Cox JCC Dietz (Sebastian)(9-7-18) – Denied presumption per Fla. Stat. 112.18(1), denied compensability and medical care. The claimant worked for Brevard County as a solo fire medic and certified firefighter. He submitted a pre-employment physical which showed no hypertension. Four years later, he was diagnosed with hypertension. On the date of injury, he received a doctor’s note and was excused from work “for medical reasons” after feeling ill and elevated blood pressure. Parties stipulated the claimant was a... View More