Resources

Andrew R. Borah JCC Lewis (Ft. Lauderdale) (4-6-18) – denied all benefits based on SOL. The E/C denied medical care as sought by the claimant in a PFB including a request for a one time change on the basis of SOL running. The claimant argued that the E/C was estopped from asserting a SOL defense because counsel for the E/C sent an email to claimant’s attorney before a Response was filed to the PFB providing the name of a new... 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. District Court of Appeal Cases Portu v. City of Coral Gables/Johns Eastern, (Fla.... View More

W. Rogers Turner, Jr. JCC Rosen (St. Petersburg) – (3/29/18) – Determined amount of attorney fees. The E/C stipulated to entitlement and taxable costs, but disputed the asserted hours and rate. The benefits secured were $1,018. The claimant attorney sought to be reimbursed for 36.35 hours at a rate of $325 per hour ($11,813.75). The E/C asserted that 19.25 hours were reasonably expended in obtaining the benefits, and should be reimbursed at a rate of $235 per hour. The JCC... View More

Scott B. Miller Judge Owens (Port St. Lucie) (3-23-18) – Denied claim for correction of Social Security Offset. The E/C included PTD supplemental benefits when the SS offset was initially calculated, which the claimant argued should not have been included. Citing to several 1st DCA rulings, as well as Rule 69L-3.01945(f)b), F.A.C., the JCC agreed with the E/C and concluded that supplemental benefits are to be included in calculating the SS offset. The JCC also held that preliminary offset amount... View More

Kate E. Albin JCC Forte (Fort Lauderdale) – (3-22-18) – Denied PCP/followup, treatment with an ortho. – The claimant had a compensable right knee injury. She declined medical care at the time of accident, and did not seek authorized care until more than 18 months after the accident. The E/C authorized a PCP, who diagnosed the claimant with a right knee injury, cause undetermined. The E/C denied further care based on a lack of major contributing cause. Both parties obtained... View More

Andrew R. Borah JCC Havers (Miami)(3-17-18) – Denied claims for physical therapy and pain management. The E/C accepted a cervical sprain strain and shoulder sprain, which ultimately proceeded to an EMA (Rozencwaig). The JCC accepted the EMA opinions that the claimant’s cervical strain and shoulder had resolved. The EMA opined the claimant’s pre-existing degenerative disease was the MCC of his complaints. The JCC rejected the EMA opinion that the claimant suffered no cervical injury from the work place event, as... View More