HRMCW

HRMCWW Cases
HRMCWW lawyers are experts in the field of workers' compensation trial practice and appeals. Please click on the links below to review the firm's most recent victories in each area. To see a particular attorney's chronological list of Orders and Appellate Decisions, please clink on the link under that attorney's bio.

Appellate Opinions

Alexandro Serrano & Roland P. Tan, Jr. V. Del Air & Amerisure
William H. Rogner
The DCA soundly rebuked an additional attempt by the claimant's bar to contest the constitutionality of the 7/1/09 amendments to the Worker's Compensation fee statute. Although the case is a PCA opinion, containing no analysis or discussion of the facts, the court affirmed the JCC's award of a statutory guideline fee on benefits obtained, (which resulted in an hourly fee of $16.62) citing the 2011 Kaufman decision (rejecting equal protection, due process, separation of powers, and access to courts challenges to statutory limitation on award of attorney’s fees).

Manuel Cespedes, Jr. V. Yellow Transportation, Inc./Gallagher Bassett Services, Inc.
Scott Miller and William H. Rogner
In a 23 page opinion (with an accompanying 10 page dissent), the First DCA effectively removes the limitation on admissible medical testimony for “emergency treatment”. Despite the rule that appellate courts are not supposed to retry cases, but rather affirm decisions that rely on competent, substantial evidence, the court essentially retries the case. The opinion also seemingly directly conflicts with the court’s ruling three days prior in Oursler, which reversed the JCC’s appointment of an EMA where the requisite conflict existed only via acceptance of inadmissible, unauthorized treatment. That opinion noted that unauthorized medical opinions are not admissible unless it is “independently established that their treatment was for compensable, medically necessary care”. In this case claimant sustained a compensable injury to L5-S1 in March of 2006. He was placed at MMI in September of 2006, and received sporadic treatment from his authorized doctor until December of 2010, when he agreed to undergo ESIs. Claimant reported improvement after the first injection, but prior to the second injection, appeared at the ER in March of 2011 reporting severe pain. He returned the next day, where an ER neurosurgeon ordered an MRI which showed a “massive” HNP at the same level. The ER doctor contacted the authorized doctor, who declined to have the patient transported to him. The claimant underwent surgery. The E/C denied the surgery, bills and subsequent disability based on defenses including MCC, that the procedure was not authorized nor timely requested. The claimant ultimately sought the requested benefits, but did so without an IME, attempting to rely solely on the testimony of the ER neurosurgeon. The JCC denied the claims, finding that doctor’s testimony inadmissible as he was not an IME, authorized treater or EMA. The DCA engages in lengthy discussion of the E/C’s ability to contest “compensability”, failing to mention the 2006 en banc Checkers holding (establishing an E/C’s right to contest the MCC of treatment of initial compensable injuries and describing the term compensability to mean the existence of an initial injury). The opinion suggests that ongoing MCC is essentially automatic. The opinion rejects the two separate medical opinions the procedure was not emergent by stating that their medical opinions conflict with the statutory definition of emergency medical condition in F.S.§395.002(9)(a). Creative analysis determines that emergency treatment can be established by fact testimony, which then renders the treatment “authorized”, which then renders the emergency treating doctor’s testimony admissible. The shortcomings and internal conflicts of the opinion are discussed at length in the dissent of Judge Marstiller. A motion for rehearing en banc will be filed shortly.

Russ/Winer V. Brooksville HC/PGI
William H. Rogner and Rogers Turner
The claimant attorney took over the case after the claimant, via her prior attorney agreed in writing to settle the case. The E/C filed a motion to find a settlement occurred. The new claimant attorney then asked the JCC to hold a hearing to present evidence on his request that the JCC approve an hourly fee agreement between the claimant and the claimant attorney. The JCC denied the request for hearing and would not approve the fee agreement. The DCA found that the JCC erred in not allowing the claimant and her attorney an opportunity to “build a record”. Although they agreed with the JCC that the Q rules indicate JCC’s should hold hearings only in exceptional circumstances and for good cause shown, they felt the claimant’s desire to have evidence to specifically challenge the constitutionality of the statute prohibiting such fees required such a hearing. The DCA noted that a JCC’s inability to rule on constitutional issues is not a sufficient reason to deny a hearing. The DCA declined to rule on the JCC’s failure to approve the claimant paid fee agreement, or the constitutionality of the statute as premature. Notably, via subsequent Order, the DCA denied the claimant attorney’s request for appellate attorney fees.

Jones v. Royalty Foods, Inc./Gallagher Bassett Services
Gregory D. White & William H. Rogner
Dismissal of PFB for Failure to Pay Costs/Requirement of Willfulness Fla.1st DCA 3/12/2012)Claimant sustained a compensable left shoulder injury. At a Merit Hearing, he then unsuccessfully sought compensability of a right shoulder condition. Following that hearing, an Order awarded the E/C $7,162 in prevailing party costs. The claimant subsequently filed two separate PFBs seeking additional benefits related to the right shoulder. The E/C moved to dismiss those PFBs, pursuant to Fl.St. s. 440.24(4)(2007), which holds a JCC may dismiss pending PFBs where the claimant fails to comply with an order of the JCC 10 days after the order becomes final. At that hearing, the claimant testified he was indigent. The JCC found the claimant specifically was not refusing to comply with the order, but did not have the economic means to comply. The DCA analyzed case law holding that dismissal of a PFB must be accompanied by a finding of willful disregard of a JCC’s authority. The DCA found that even though that language does not appear in 440.24(4), it is error for a JCC to dismiss a PFB under that section absent a finding of willful disregard or failure to comply.

Newick v. Webster Training Center/Zenith Ins. Co.
Andrew Borah – Trial Counsel, Bill Rogner –Appellate Counsel
The First DCA affirmed the JCC’s Order finding the E/C was entitled to apportion 35% of the claimant’s need for shoulder surgery to prior injuries/conditions. Before sustaining her 2010 compensable shoulder injury, the claimant had three shoulder dislocations. Although those injuries occurred while working for herself or others, the injuries were never reported or treated as WC claims, but rather paid through health insurance or out of pocket. The JCC allowed apportionment, based on the EMA opinion that only 65% of the need for surgery was due to the 2010 accident, and that the prior injuries were “never claimed or treated as compensable injuries”, citing Staffmark v. Merrell. Claimant argued Merrell warranted reversal, regardless of whether the prior workplace injury was compensable or not. The DCA rejected this reasoning on multiple grounds. Neither Merrell (nor the prior Proctor or Pearson cases upon which Merrell relied), dealt with workplace injuries that were not claimed through WC. The DCA also held that claimant’s argument would render the apportionment statute meaningless, and noted that the “industry should bear the burden” language of recent cases would not make sense if the prior work related injury were not a WC claim. Perhaps the most encouraging portion of this opinion is Judge Thomas’ written concurrence. While agreeing in the result only, he wrote specially to echo defense arguments; that Merrell and Pearson were incorrectly decided. He noted that those opinions have mistakenly applied the definition of preexisting condition in allocation of benefits (i.e. fights between carriers) to apportionment (i.e. what percentage a carrier may ultimately assign to a claimant’s pre-existing injury). The distinction is critically important, as the concepts are totally different, and there is no statutory exclusion for compensable work related injuries in the apportionment context.

Moya-Perguero v. Trucks and Parts of Tampa, Inc./Ameritrust Insurance Corp.
William H. Rogner and Gregory D. White
The DCA reversed the JCC’s Order dismissing the claimant’s PFB, as the parties appeared for a hearing solely on the issue of Sanctions in the form of Attorney Fees. Parties are entitled to notice of the issues to be determined. The E/C confessed the JCC’s error immediately in a single page answer brief, which foreclosed fees for the claimant’s appellate attorney, who wrote a 40 page brief after the E/C confessed error.

Sentry Insurance Co./Express Scripts Inc. v. Hamlin
William H. Rogner
In August of 2011, the First DCA heard oral argument on two appeals at an “adjuster breakout” during the Workers’ Comp convention. Bill Rogner argued this case. The DCA issued a lengthy, 15 page opinion adopting the E/C arguments that the “arising out of “ element of causation had not been met in this situation, and that a “course and scope” analysis alone is insufficient. The opinion soundly rejected the claimant’s theories, and provides much needed guidance for claims professionals in determining whether or not to accept claims where the risk causing injury is neutral, ie. without an particular employment character or connection. The claimant was injured attempting to retrieve personal property from a car which his lender was repossessing from the employer’s parking lot. The parties agreed the claimant was in the course and scope of employment, but disagreed as to whether the injuries were “arising out of the work performed” pursuant to F.S. s. 440.09(2008). The claimant argued his injury was compensable (1) under the premises rule as he was injured on premises preparing to perform work; (2) because it occurred during a paid break; (3) because he was ministering to personal comfort, or otherwise involved in a momentary deviation and; (4) because retrieving his property was an emergency pursuant to 440.092(3)(2008). The court rejected the premises theory, as the occurrence at the workplace was merely fortuitous and had no connection to the employer’s work or business. They dismissed the personal comfort theory, as it did not meet the traditional elements of (a) being a traditional or routine part of the work place experience (b) the employee’s participation in the activity produced no benefit to the employer and (c) the injury resulted from either a work created or neutral risk. Similarly, the emergency standard was rejected as no objective emergency existed in retrieving the property. The court repeated that “arising out of” means the injury must (1) be causally connected to the employment, (2) have had its origin in some risk incident to or connected to employment, or (3) flow from employment as a natural consequence. As the claimant was on a purely personal mission having no relationship to work, he was unable to demonstrate he suffered an accidental compensable injury arising out a risk of his employment.

Gibson vs. Altman Contractors & North River Insurance Company
William H. Rogner and Teri A. Bussey
The DCA reversed the JCC’s finding that the claimant’s mold exposure was compensable. This decision approves the heightened standard for such cases included in the 2003 amendments to the statute. The DCA noted that the reversal was warranted because no record evidence established the levels of mold to which Claimant was exposed in the workplace, a statutory condition imposed by section 440.02(1), Florida Statutes (2005). See Matrix Employee Leasing v. Pierce, 985 So. 2d 631 (Fla. 1st DCA 2008). They also noted that the JCC erred in substituting the causation standard expressed in Festa v. Teleflex, Inc., 382 So. 2d 122 (Fla. 1st DCA 1980), for the more exacting statutory causation standard for mold exposure claims enacted by the Legislature. See Mangold v. Rainforest Golf Sports Ctr., 675 So. 2d 639, 642 (Fla. 1st DCA 1996). The dissent argued that as the medical testimony agreed that the claimant inhaled Aspergillus mold which caused her injuries, no evidence of the levels to which she was exposed was necessary.

Villa v. Astellas/Tokio Marine Insurance
William H. Rogner and W. Rogers Turner, Jr.
On 1/18/2011, Bill Rogner argued this case before the First District Court of Appeal. W. Rogers Turner, Jr. tried the underlying case. The JCC held that the claimant’s injuries sustained in travel status were not compensable. The claimant ventured miles away from his hotel to ride horses with friends, and was severely injured as he attempted to mount a horse. Three days after the oral argument, the DCA affirmed the JCC’s denial without comment.

Locker v. Utd. Pharm. Group/Zenith
William H. Rogner
Motions to Dismiss/Permissible Analysis by JCC The claimant filed a PFB for continued treatment of her right shoulder, attaching a physician’s note. The E/C moved to dismiss, alleging that the JCC’s prior Order accepting an EMA’s finding of MMI, 0% impairment, and no ongoing MCC of the claimant’s right shoulder meant the claim was not “ripe, due or owing”. The DCA noted that in ruling on a motion to dismiss, the JCC is to accept the allegations in the PFB in the light most favorable to the claimant, and that the JCC may not look beyond the four corners of the pleading. In reversing, the DCA noted the JCC erred in considering evidence outside of those parameters in considering the prior ruling on the MCC of the claimant’s shoulder. The DCA noted that such evidence may indeed be relevant and properly considered at later stages of litigation, but not at the Motion to Dismiss phase. A concurring opinion suggested that JCC’s may not be so tightly constrained to the four corners of the PFB, and where the parties stipulate, a JCC could perhaps decide dispositive matters with extra record evidence.

Braun v. Brevard County
William H. Rogner and Derrick E. Cox
The DCA reversed the JCC’s order denying the claimant’s Petition to require the carrier to pay all medical benefits for a 1993 D/A at 100%. The claimant had compensable accidents with the county in 1993 (C5-6) and 2005 (C4-5). The claimant obtained $15,000 in a subrogation claim related to the later accident, and the parties stipulated the carrier could offset the cost of future remedial care at 25% for the 2005 accident. A physician authorized to treat the claimant for both injuries subsequently testified that each accident was 50% responsible for the claimant’s need for treatment. The E/C then sought to allocate or apportion the two accidents. The claimant asserted he could choose the date of accident under which benefits would be paid. The JCC indicated that practically speaking, he could not see how the doctor was prescribing medications for one cervical level and not the other. He denied the claims, citing 440.42(4)(2005) and Pearson v. Paradise Ford. The DCA summarily reversed and remanded. They found that the claimant’s 1993 medical care could not be apportioned, as the statute did not include medical benefits in the apportionment statute until 2003. They further held Pearson did not apply, and the law in effect required the E/C to provide treatment for the 1993 under the logical cause standard, regardless if the treatment necessarily treated post 2003 conditions or injuries.

Williams v. Aarcher Western Contractors/Gallagher Bassett
William H. Rogner and Matthew W. Bennett
Reversed the JCC’s denial of TPD based upon the recent Toscano decision. The DCA noted “no refusal by Claimant of modified work, nor was Claimant offered modified work; Claimant was not terminated for misconduct; and Claimant did not commence employment elsewhere, followed by termination for misconduct or economic reasons.”

Frank Winston Crum Ins. v. LEANDRO MONTES DE OCA
William H. Rogner and Geoff C. Curreri
The 1st DCA reversed the JCC’s award of TTD from 2/5/09 to 10/7/09, as it was not supported by competent substantial evidence. The only evidence was that the claimant’s authorized surgeon discussed the fact on 2/5/09 that the claimant should return to work.

Carcamo v. Business Representation International/North River Ins Company
William H. Rogner and Robert S. Gluckman
The DCA affirmed the JCC’s denial of TTD, but reversed and remanded the JCC’s denial of TPD. The JCC had ruled the claimant was foreclosed from an award of TPD, accepting a date of MMI in January of 2008. However, the JCC entered into a lengthy analysis of the merits of TPD after that date, and then denied them based on a refusal of suitable employment offered by the employer. The DCA considered the JCC’s analysis of TPD post MMI presupposed the claimant was not actually at MMI, and remanded for clarification of MMI. The DCA also noted that while it was proper for the JCC to determine that the claimant refused an offer of suitable employment, the appropriate analysis would be to determine whether claimant’s refusal of employment continued after October 12, 2008, and whether claimant’s refusal was justifiable. See § 440.15(6), Fla. Stat. (2006). In support, the court cited Moore v. Servicemasters, 19 So. 3d at 1147 (although employer not required to continually reoffer job to avail itself of statutory defenses based on unjustified voluntary limitation of income, employer must establish continued availability of job for each applicable period to obtain continued benefit of defense).

Pruitt v. Southeast Personnel/Packard Claims Administration
William H. Rogner
The claimant had requested a 1x change in their PFB, but did not designate a specific physician. The E/C did not timely respond to the request. At a subsequent mediation, the E/C agreed to provide a 1x change and agreed to attorney fees. The E/C sent a letter to the claimant two days later authorizing a specific doctor. The claimant treated with said doctor until he was again placed at MMI. The claimant then argued that he had a right to select his 1x change as the E/C did not timely respond to the initial request. The DCA held that the claimant acquiesced to the 1x change doctor and that the right to select a physician after 5 days is only an option which may be exercised by the claimant.

Verly v. Orange County/Alternative Service Concepts
William H. Rogner and W. Rogers Turner, Jr.
The claimant appealed the JCC’s denial of her “motion to enforce” an alleged stipulation. The claimant had asked the JCC to rule that an agreement to authorize a doctor on the Pretrial should last until the JCC determined there was no further MCC. The DCA determined that order was non-final, and as such the DCA did not have jurisdiction to rule on the appeal.

Iommelli v. Tuttle Electric/Safeco Insurance
Robert J. Osburn and William H. Rogner
The First DCA issued a PCA without opinion affirming JCC’s denial of the claimant’s claim for payment of medical bills and authorization of a doctor. The E/C “disallowed” a number of medical bills from the authorized physician pursuant to an overutilization review. The Doctor was never de-authorized and continued to see claimant. The E/C asserted the JCC lacked jurisdiction regarding payment of the authorized physician’s medical bills (Florida Department of Financial Services has exclusive jurisdiction regarding overutilization reviews and reimbursement disputes) and that the doctor remained authorized. The JCC denied all pending claims, and the DCA declined to overturn that ruling.

Burgos v. Atlas Paper Mills/Zenith
William H. Rogner
The JCC determined our client was the prevailing party even though the claimant prevailed on some claims and the E/C prevailed on others. The JCC awarded the E/C costs following a merit hearing. The claimant appealed the judge’s finding. Although the First DCA declined to provide a written opinion on the issue, this decision affirms the JCC’s findings in favor of the employer/carrier.

Broadspire/Geico v. Rebecca Rose
Michael S. Waranch
The claimant alleged an onset of repetitive trauma/CTS in 1999. She last saw Dr. Beatty in August of 2007. Over a year later, the claimant filed a PFB seeking the surgery, which the E/C denied. The claimant then filed a PFB alleging a new date of accident for the repetitive trauma, as she still worked with the employer. The only medical testimony of Dr. Beatty indicated it was speculative as to whether or not the surgery was still medically necessary, as she had not seen the claimant since 8/07. The DCA reversed, finding a lack of CSE re. medical causation. In concurring, Judge Benton noted this decision did not preclude the claimant from pursuing future claims or limiting her to “any one time segment”.

Pla v. Point Blank/MDC Products & Sentry Claims
Gregory D. White
At trial, Gregory White successfully prevailed on a denied claim for authorization of a specific doctor, where the claimant alleged failure of the carrier to comply with the one time change statute. The claimant appealed, and William Rogner and Gregory White handled the written appeal. Michael Waranch argued the case at the Appellate level. Although this PCA case does not contain a written opinion, the Opinion affirms the Order of JCC Hogan.

Capps v. Industrial Blowpipe & Broadspire
William H. Rogner
The First DCA affirmed a ruling of JCC Portuallo denying the claimant attorney an appellate fee to be paid by his client. The claimant sustained an accident in 1985. Many years later, the claimant was awarded attendant care at the JCC level. This award was appealed, and reduced significantly. The claimant attorney received a statutory E/C paid fee on the amount of benefits obtained. The claimant then sought JCC approval of a claimant paid appellate fee from the JCC. The JCC found (1) he did not have jurisdiction to approve the fee order (as he felt jurisdiction had not been relinquished by the appellate court), but if he did (2) the fee was unreasonable as the attorney had already been paid based on all of the benefits received. The DCA found the JCC did have jurisdiction to rule on the petition for an employee paid fee, and that competent, substantial evidence supported his finding that the claimant attorney had been compensated for all benefits obtained, and thus no appellate fee was due.

Gallagher Bassett/Delta Health v. Mathis
W.Rogers Turner, Jr. and William H. Rogner for Employer/Carrier
DCA reverses finding of compensability of neck condition, finding JCC erred in basing finding on equivocal statements of neurologist re. causation. Court writes 13 page opinion concerning essentially issue of whether competent, substantial, evidence exists in record to support ruling. Court adds gratuitous language in closing suggesting that treatment for compensable shoulder injury (not appealed issue) might necessarily include treatment for (Now) non-compensable cervical condition.

Interior Custom Cabinets v. Slovak
Zal F. Linder
Decision reversed JCC finding that value of benefits secured by attorney were $478,530.12, resulting in an attorney fee award of $48,603. Claimant had argued that E/C's suspension of PTD benefits (based on claimant's failure to attend vocational evaluation per F.S. § 440.491 placed PTD benefits in jeopardy. E/C asserted suspension was temporary, pending attendance at evaluation). Court found suspension was temporary. Case remanded with instructions to determine attorney fee based on actual value of benefits secured; $5,470.88.

Blue Stone Real Estate v. David Ward, et. al.
Gregory D. White
Professional Employee Organization (PEO) coverage, court finds no evidence that PEO advised employee in writing of termination of employment relationship, which would have cut off coverage

Integrated Administrators v. Valdez
Michael S. Waranch
Permanent Total Disability denied

Begyn v. State Business and Professional Regulations
William H. Rogner
Managed Care Providers

AT&T Wireless Services, Inc. v. Castro
William H. Rogner
Compensation denied for "on call" attendant care

Walt Disney World v. Desselles
William H. Rogner
Change of Condition

Industrial Blowpipe v. Capps
William H. Rogner
Attendant Care Benefits

Tokio Marine Management v. Pizon
William H. Rogner
Major Contributing Cause

Alvarez v. Unicco
William H. Rogner
Compensation denied for period preceeding finding of false or misleading statements

Rice v. Reedy Creek Improvement Dist.
Rex A. Hurley & Andrew R. Borah
Statute of Limitations

JCC Merits Orders

Morales V. Frank Crum/Frank Winston Crum Insurance
Matthew J. Troy and Sandra Wilkerson
JCC Punancy (West Palm Beach) – Awarded 15 day extension and $100 per hour sanction for the claimant’s failure to timely file a motion for fees and costs.

Abel De La Cruz V. Pacific Tomato Growers/U.S. Fire Insurance Company
Jonathan L. Cooley
JCC Beck (Sarasota)– Partially granted E/C’s Motion for Summary Final Order. The claimant claimed TTD and PTD. During a significant portion of the period claimed, the claimant was receiving unemployment. The JCC found the claimant was barred from receiving TTD or PTD during the periods he received unemployment.

Maria Delgado V. Westree Financial, Inc. d/b/a Westree Marina/Gallagher Bassett Services, Inc.
Andrew Borah
JCC Sturgis (Ft. Myers)– Denied TPD and chiro. The JCC found the claimant’s chiro IME did not have any medical records, an accurate history or diagnostic studies and that such treatment was not medically necessary. The JCC also denied temporary partial, finding that the claimant was terminated for misconduct due to her multiple instances of absenteeism.

Oswaldo Sauri V. Record Aircraft Parts/CastlePoint (Tower Group Companies), and Tower Group Companies
Andrew R. Borah
JCC Remsnyder (VTC Miami) - Denied all benefits based upon SOL and 440.105. The JCC found the E/C timely provided the brochure and rejected the claimant’s arguments that he did not receive it or that it should have been sent in Spanish. The claimant also was involved in an intervening motor vehicle accident which he denied in deposition and at trial despite his wife testifying that the claimant was involved in an accident.

Jose D. Romero V. Thrive HR FL 1, LLC/Sunz Ins. Co./Corvel
Gregory D. White
JCC Beck (Sarasota) – Denied all benefits based upon 440.105. The EMA (Dr. Gilberto Eli Vega) reviewed the E/C’s surveillance which contradicted the claimant’s presentation during examination. The JCC found the claimant was untruthful about his prior back problems and back injury in 2007, usage of a cane, ability to squat, and other areas.

Robert D. O'Connor V. United Launch Alliance/Broadspire
Derrick E. Cox
JCC Remsnyder (Sebastian)– Denied TTD/TPD, further medical care and reimbursement to health insurance. The JCC found the pro se claimant was at MMI and the MCC of the need for further treatment was pre-existing arthritis. Further the JCC found the claimant had no standing to seek reimbursement to his health insurance.

Bandariz Garcia V. Cargo Force, Inc. Frank Winston Crum Insurance
Sandra D. Wilkerson
JCC Castiello (Miami) – Awarded $145.68 (34.4 hrs) stat attorney fee and $132 in costs. 11/2009 d/a. The claimant alleged entitlement to both a stat fee and a $1500 med-only fee. The JCC accepted the E/C’s argument that a claim for indemnity remained outstanding at the time the claimant filed the medical claims.

Miranda V. Frank Crum/Broadspire
Zal Linder
JCC McAliley (VTC Miami) – Denied compensability. The JCC found the claimant’s description of a shoulder injury not credible and also that the claimant did not timely report the claim. Notably the claimant denied prior WC claims in deposition, despite the fact that her attorney represented her for all three claims.

Moya-Perguero v. Trucks & Parts of Tampa, Inc./Ameritrust Ins. Corp.
Gregory D. White
JCC Jenkins (Tampa)- Granted E/C’s motion for summary final order. The claimant filed a PFB for a shoulder MRI from an authorized physician. A 2009 final order denied further treatment for the shoulder. The JCC found the claim barred by res judicata.

Taylor v. Alphastaff, Inc./Tower Group Companies
Paul Luger & Julie Bixler
JCC Remsnyder (Sebastian) – Denied compensability of neck. The E/C accepted a back and leg injury. The claimant alleged injury to her neck although she did not complain of neck pain until 51 days afterwards. The JCC found the claimant had a pre-existing osteophyte and that the claimant did not prove the IA was the MCC of her neck complaints.

Luna-Martinez v Frank Crum/Broadspire
Andrew Borah
JCC Harnage (Miami) – Denied medical only fee and awarded reduced $3,202.45 stat attorney fee and costs. 7/2009 d/a. The E/C stipulated to costs and to a $3,029 fee on past benefits. The claimant also sought a $1,500 medical only fee for an MRI and EMG. The JCC agreed with the E/C that as there was a pending claim for indemnity, he could not award the MO fee. Finally the JCC accepted the E/C’s argument that future medical benefits awarded must be reduced to fee schedule and rejected the claimant’s estimate of $120,000 for future benefits.

Martinez v. Devcon Security Services Corp./Crum & Forster
Zal Linder
JCC Basquill (West Palm Beach) – Denied a period of TPD when the claimant chose FMLA leave rather than light duty offered. Awarded TPD, although the claimant refused medical care from authorized doctors and treated on his own. The JCC accepted an IME’s restrictions following surgery to award TPD.

Gilmore v. Roadway Express, Inc./Gallagher Bassett Services
Scott Miller
JCC Condry (Orlando) – Denied continued medical care. A prior order found the E/C was required to provide reasonable and necessary care for the claimant’s shoulder. The E/C authorized the claimant to return to the prior ortho, who subsequently testified that no further care was necessary. The JCC found no authority to award surgery the EMA previously suggested might be needed and that the current authorized physician did not recommend any further care.

Burgess v. Buckhead Beef Florida/Royalty Foods/Sentry Insurance
Greg White
JCC Remsnyder (VTC Sebastian) – Awarded 40% apportionment of new law (2006) PTD benefits. A prior order awarded 40/60 apportionment, found light duty restrictions per the EMA (Dr. Goll), but rejected a bipolar condition as unrelated. The JCC found that totality of the physical and unrelated psychological restrictions rendered the claimant PTD and accepted the claimant’s voc. expert over the E/C’s. The JCC agreed with the E/C’s argument that 40% apportionment applied to PTD benefits.

Quintero v. FrankCrum and Broadspire
Kate Albin
JCC Kuker (Miami) – Denied all benefits. The JCC found no evidence a compensable accident occurred on the date claimed by the claimant.

Christiansen v. NPC International, Inc./Gallagher Bassett Services
Jonathan Cooley
JCC Beck (Sarasota) – Denied TTD/TPD, awarded medical benefits. The claimant settled prior 2008 and 2010 WC claims and a 1998 MVA and also had age appropriate degenerative changes. The JCC found MCC did not apply or that the 2011 accident caused the symptomatology that necessitated surgery. The claimant testified that he could perform his pre-injury employment with adjustments.

Devariste v. Columbia HCA JFK Medical Center 5301/Broadspire, a Crawford Company
Paul Luger
JCC Basquill (West Palm Beach) – Denied advance. The JCC found under this firm’s recent Kuhn decision that as there were no pending petitions, the employee was not a proper claimant.

Doran v. Florida Power & Light/Broadspire
Derrick Cox
JCC McAliley (Port St. Lucie) – Denied TT/TPD and medical benefits. The JCC found the claimant was “hoisted on his own petard” by waiting five years after his treatment began (outside the WC system). Those doctors attributed his disability to non-industrial causes when he applied for disability insurance.

Krouth v. CEVA Logistics/Gallagher Bassett Services, Inc.
William Rogner
JCC Sculco (Orlando) - Denied new law (2009) PTD. EMA (Dr. Ziegler) opined the claimant (60 year old truck driver with no GED) was MMI with 10 lb restrictions. The claimant's voc. expert (Stuart Cody) found appropriate positions for the claimant. The JCC accepted the E/C's voc. expert (Richard DiBacco). Finally the JCC rejected the claimant's job search as the jobs were outside his restrictions or qualifications, such as security guard jobs he applied for without having the requisite certifications.

Alvarez v. Thrive HR FL1, LLC/Sunz Insurance Co.
Greg White
JCC Sojourner (Lakeland) – Denied TTD/TPD. Awarded compensability and medical treatment. The claimant filed multiple PFBs listing both the correct and incorrect E/C. The JCC found that at least one of the petitions named the correct E/C and remained pending, tolling the SOL. The JCC also found that the claimant timely reported the accident upon the manifestation of problems. The claimant was struck in the eye by a box with immediate pain but did not believe there was an injury. Finally the JCC denied TTD/TPD as the claimant was able to continue working until the end of picking season. Click here to view Order

Fernald v. State of Florida Department of Corrections/State of Florida/Division of Risk Management
Rob Osburn
JCC Humphries (VTC Daytona Beach) – Denied compensability of heart disease. The E/C stipulated that the presumption applied. The claimant had a 20-25 year history of smoking and medically treated high cholesterol. The EMA (Dr. Tee) opined that smoking and high cholesterol was the MCC of the claimant’s heart attack. The JCC found the EMA’s opinion was either competent substantial or clear and convincing evidence to rebut the presumption, and further found the claimant did not present evidence to rebut the presumption in favor of the EMA. Click here to view Order

Gauthier v. Walt Disney World/Liberty Mutual Insurance Co.
Derrick Cox
JCC Sculco (Orlando) – Awarded partial mileage and guardian expenses, but denied guardianship attorney fees. 2002 d/a. The JCC found mileage which had previously been awarded in a 2010 order either had been paid or was due, however the JCC found mileage incurred before the prior hearing but not claimed at that time barred by res judicata. The JCC denied guardianship attorney fees noting no evidence existed that her efforts involved obtaining benefits under 440. The JCC did award expenses claimed by the worker’s guardian/father.

Jones v. Indian River County Fire Rescue/Johns Eastern Company, Inc.
Paul Westcott
JCC Remsnyder (Sebastian) – Denied compensability of heart disease. Presumption claim. The JCC found the E/C rebutted the presumption with evidence the claimant’s heart disease was caused by smoking. The claimant’s IME disagreed with both the US Surgeon General and the American College of Cardiology that smoking causes heart disease.

Pedrez-Martinez v. Gallagher Bassett Services - Nashville
Scott Miller
JCC Harnage (Miami) – Denied all benefits based upon SOL. The JCC rejected the claimant’s argument that a back brace that he wore on-and-off under his shirt without the E/C’s knowledge tolled the SOL. The JCC found a .10 alleged difference in the AWW did not defeat the SOL defense.

Redding v. The Health Center of Orlando, Inc./Premier Group Insurance
W. Rogers Turner
JCC Condry (Orlando) - Denied all benefits based on misrepresentation. The claimant underwent a minor outpatient foot procedure in September of 2010. The claimant reported severe pain and limitation to the treating podiatrist, physical therapist and trainer for a period of five months. The podiatrist relied on her reports and continued her on an off work status and continued to recommend more treatment. The carrier obtained 16 separate days of surveillance over a 5 month period, which showed the claimant's capabilities to be far in excess of what she reported to health care providers. The treating doctor felt he had been "duped" after reviewing the surveillance, with the therapist and trainer providing similar testimony. The JCC also noted an ALJ reviewed the surveillance in a DOAH hearing on her denial of voc retraining and pronounced her not credible. The JCC also awarded $9,828.07 in costs in a separate order related to numerous previously dismissed PFBs. The claimant did not appear for trial despite receiving actual notice.

Trujillo v. Baker Concrete Construction, Inc./Gallagher Bassett Services
Scott Miller
JCC D'Ambrosio (West Palm Beach) - Denied advance, finding that the advance would not be in the claimant's best interest. The claimant obtained a wrongful termination settlement prior to completing his financial affidavit, but failed to list the funds as an asset. Similarly, the claimant listed a rent obligation of $650 per month on his affidavit, but testified at hearing he only pays half that amount. Prior to the advance hearing, the carrier filed a misrepresentation defense. Although the JCC did not consider the fraud defense, she specifically found the claimant misled the E/C and the court. The Order also found that "If defense counsel had not been diligent in his investigation, this information would not have been voluntarily revealed by the Claimant, at least during the evidentiary hearing."

Aldridge v. Escambia County Sherift's Department/North American Risk Services, Inc.
Rex Hurley
JCC Winn (Pensacola) – Denied all benefits. The JCC found that the claimant’s continued smoking and drinking against medical evidence satisfied the heart/lung law reverse presumption and that the claimant’s two separate accidents for hypertension and bypass surgery were not compensable.

Evans v. Gray Communications/Columbia Insurance Group
Matthew Bennett, Bowen Robinson
JCC Lazzara (Tallahassee) – HRMCWW obtained a complete denial of all benefits, based upon the JCC’s finding that the claimant made numerous misrepresentations for the purpose of obtaining benefits. The carrier had accepted the claimant as permanently and totally disabled. Thereafter, the carrier obtained multiple days of surveillance. This video showed the claimant alternately using a non prescribed cane to limp into doctor appointments, and subsequently moving about without the cane. In addition, the claimant was filmed constructing two different wooden decks for hours over several days. Deposition testimony was obtained where the claimant represented himself as severely limited and disabled. The JCC examined all of the video, as well as his deposition testimony and statements to authorized doctors. The JCC determined that these statements of disability and limitation were in stark contrast to his actual abilities on video, and that the claimant made these misrepresentations to obtain W/C benefits.

Cabrera v. National Molding, LLC/North River Insurance Company
Zal Linder
JCC Spangler (VTC Miami) – The JCC relied upon opinion of authorized ortho who opined that 75% of the claimant’s conditions and need for joint replacement surgeries to the hip and shoulder are pre-existing, but then in unexplainable result, awarded compensability of both procedures, and ordered that E/C can apportion 75% of the costs.

Aldridge v. Escambia County Sherift's Department/North American Risk Services, Inc.
Rex Hurley
JCC Winn (Pensacola) – Denied TTD/TPD. Presumption claim. The JCC found the claimant satisfied the presumption, with a prior order awarding compensability of a different accident date, but that the claimant’s continued smoking and drinking against medical evidence satisfied the reverse presumption.

Guardado v. Pallet Consultants Enterprises and Crum & Forster
Andrew Borah
JCC Pecko (Ft. Lauderdale) – Awarded a period of TPD. Denied new law (2008) PTD and IBs. Abbreviated order. Denied E/C’s 440.105 defense.

Jones v. Royalty Foods, Inc./Gallagher Bassett Services,Inc.
Greg White
JCC Pitts (Orlando) – Denied pain mgmt and psych. The claimant sustained a compensable left shoulder injury. A prior order accepted the EMA (Dr. Murrah) opinion that the right shoulder was not compensable. The JCC accepted the opinions of the EMA that the claimant did not need further care to the left shoulder due to the IA and found that the claimant’s psych issues were related to a fear of surgery, thus the claimant did not require further psych care.

Lantigua v. Frank Crum / Hanna v. Robinson Tractor/Gallagher Bassett
Andy Borah / Bill Rogner
The firm prevailed in two separate PCA decisions this week. The DCA affirmed the JCC’s denial of temporary benefits in Lantigua v. Frank Crum (Andy Borah (trial attorney) and Bill Rogner (appellate attorney)) and affirmed the JCC’s approval of the E/C’s 25% reduction in benefits for failure to wear a seatbelt in a compensable auto accident (Bill Rogner Trial & Appeal) in Hanna v. Robinson Tractor/Gallagher Bassett.

Burgess v. Buckhead Beef Florida/Royalty Foods, and Sentry Insurance
Gregory D. White/Timothy F. Stanton
JCC Rosen (Melbourne) – Awarded $5,241.30 in taxable costs to E/C.

Amritt v. Northwest Medical Center/Broadspire
Paul L. Luger
JCC McAliley (Port St. Lucie) – Found an enforceable settlement agreement had been reached. The JCC rejected claimant’s position that discussions between counsel and himself were attorney client privileged. The JCC noted that he did not have the power to “enforce” the agreement. Rather, he could find the parties reached a valid agreement, and that if the motion for fees were presented to him, with or without the claimant’s signature, he would approve the fees for the washout (and additional side fees) and the claimant’s entitlement to further benefits would end. The JCC further found he did not have the authority to compel the claimant to sign washout documents, but suggested the E/C could seek this via subsection (1) of the Rule Nisi statute. This subsection, however, deals only with employers or carriers failing to comply with valid orders.

Alston v. Lakeview Center Inc./Crum&Forster
C. Bowen Robinson
JCC Winn (Pensacola) – Awarded $904.80 in taxable costs to E/C.

Bridgewater v. Southeast Personnel Leasing, Inc., Moment's Notice/Packard Claims Administration, Inc.
Anthony M. Amelio
JCC Lazzara (Ft. Lauderdale) – Denied compensability. The JCC found the pro se claimant presented no medical evidence to establish compensability of a bilateral knee injury.

Jones v. Royalty Foods, Inc./Gallagher Bassett Services, Inc.
William Rogner/Greg White
JCC Pitts (Orlando) – Awarded $15,000 (60 @ $250) appellate attorney fee and $268.46 in taxable costs. The JCC rejected hours spent on a petition for writ of cert based upon the E/C’s argument.

Rose v. AlphaStaff/Tower Group Insurance Company
Timothy F. Stanton
JCC Sojourner (Lakeland) – Denied compensability of low back and treatment. The JCC found the claimant did not timely secure an IME before trial because they were attempting to avoid the expense in case of settlement.

Banuchi v. Department of Corrections/State of Florida Division of Risk Management
Matthew J. Troy
JCC Lazzara (VTC Melbourne) – Denied TPD. The JCC rejected the claimant’s IME opinion that the claimant was not at MMI. Additionally the JCC rejected the claimant’s argument that the E/C should be forced to pay for a claimant requested EMA when the claimant could not afford the evaluation, accepting the E/C’s argument that the Florida Bar rules permitted the claimant’s attorney to advance costs for medical examinations.

Thomas v. Team Staffing Services/Broadspire
William H. Rogner
JCC Pitts (Orlando) – Denied medical care. Awarded TPD. Denied E/C’s intoxication, 440.105 and misconduct defenses. The JCC found insufficient proof that the claimant had submitted a urine sample, which he denied providing. The JCC accepted the claimant’s IME as to restrictions, but found no further medical treatment was necessary for a bruise.

Pernaci v. Winn-Dixie/Sedgwick Claims Management Services, Inc.
Derrick E. Cox
JCC Portuallo (Daytona)– Denied compensability of neck. The E/C had accepted compensability of a low back injury from unloading a truck. The JCC found that the claimant did not complain of neck pain until 3-4 months after his accident and found the claimant’s IME changed his opinions during cross exam by the E/C’s counsel.

McLeish v. AlphaStaff Group, Inc./Zurich American Insurance Company
Andrew R. Borah
Awarded 49% apportionment of the neurosurgeon evaluation. Awarded psych and neurosurgeon evaluations. The JCC rejected the E/C's argument that MCC applied to the psych evaluation and found the IA was the MCC of the neurosurgeon eval. The JCC denied the E/C's motion for EMA.

Mercier v. Walt Disney Parks & Resorts, U.S., Inc./Walt Disney World Co./WC
William H. Rogner
JCC Sculco (Orlando) – Awarded $630 (2.8 @ $225) appellate attorney fee and denied costs. The claimant attorney had another attorney actually handle the appeal. The claimant attorney’s Petition for Appellate fees sought 40 hours at $300 per hour. The JCC denied a large amount of time allegedly spent on redacting certain personal information from the DOAH website, finding it was not related to the appeal itself. The JCC accepted William Rogner’s expert testimony on the reasonable fee and number of hours.

Snowden v. YRC, Inc./Gallagher Bassett Services
Scott B. Miller/Matthew J. Troy
JCC Castiello (Miami) - Awarded $748.59 in taxable costs to E/C.

Gattorno v. Alpha Staff Group, Inc./Tower Group Company
Andrew R. Borah/Matthew J. Troy
JCC Castiello (Miami) (Andrew Borah/Matthew Troy) - Awarded 992.15 in taxable costs to the E/C.

Altman Contractors/North River Ins. Co. v. Gibson
William H. Rogner/Teri A. Bussey
On February 2, 2012, the Florida Supreme Court denied certiorari review of the 4/29/2011 1st DCA opinion in Altman Contractors/North River Ins. Co. v. Gibson. (Teri Bussey litigated the case at trial and Bill Rogner handled the appeal). The original DCA opinion reversed the JCC’s finding that the claimant’s lung condition due to mold inhalation was compensable. The DCA noted that no record evidence existed showing to what levels the claimant had been exposed, as the statute requires. They also held that the JCC erred in substituting the causation standard expressed in Festa v. Teleflex, Inc., 382 So.2d 122 (Fla. 1st DCA 1980), for the more exacting statutory causation standard for mold exposure claims enacted by the Legislature. The Supreme Court’s denial of certiorari establishes that the current exposure causation standard under F.S. § 440.02 (2005) is the proper and exclusive method to analyze post 10/1/03 exposure claims.

Ogeris v. Delaney Park Health & Rehabilitation/Gallagher Bassett Services, Inc.
Scott B. Miller
JCC Pitts (Orlando) – Awarded $4,180.47 in taxable costs to E/C.

Bridgewater v. Southeast Personnel Leasing, Inc., Moment's Notice /Packard Claims Administration, Inc.
Anthony M. Amelio
JCC Lazzara (VTC Ft. Lauderdale) – Denied all benefits. The JCC found the claimant had a pre-existing bilateral knee condition and rejected the claimant’s repetitive trauma injury.

Chase v. The Health Center of Plant City/Premier Group Insurance Co.
W. Rogers Turner, Jr.
JCC Lorenzen (Tampa) – Denied an increase in the AWW, awarded brief period of TPD and determined MMI based upon E/C’s earlier asserted date. The JCC found the E/C correctly calculated the claimant's AWW and rejected the claimant's argument that he worked less than 75% of his customary hours, or that he could prove the value of fringe benefits based upon claimant’s recollection of amounts indicated in COBRA letter. The JCC reviewed multiple dates of surveillance, noting that the claimant appeared to move fluidly and without difficulty. Finally, she determined that the claimant should be repaid a 10$ co-pay he paid after his first MMI date was rescinded.

Hulbert v. Southeast Personnel Leasing, Inc./Lion Ins. Co.
Anthony M. Amelio
JCC Basquill (West Palm Beach)- Denied advance to claimant.

Smith v. Martin County Sherrif's Department/North American Risk Services
Matthew J. Troy/Rex A. Hurley
JCC McAliley (Port St. Lucie) - Denied total knee replacement. The claimant was a Sheriff’s Deputy with 4 prior knee injuries at work. While patrolling near the beach the claimant alleged he heard a pop and felt immediate knee pain. A total knee replacement was recommended. The JCC found the claimant sustained an accident but no additional injury. The JCC accepted EMA (Dr. Penner) opinion.

Lantiqua v. FrankCrum/Broadspire, a Crawford Company
Andrew R. Borah
JCC Pecko (Ft. Lauderdale)– Denied TPD. The JCC found that the claimant remained at overall MMI despite sloppy and inaccurate DWC-25s from the claimant’s authorized physicians that indicated otherwise.

Rodriguez v. FrankCrum/Broadspire, a Crawford Company
Andrew R. Borah
JCC Medina-Shore (Miami) – Awarded $677.50 in taxable costs to the E/C.

Baker v. Alpha Staff Group, Inc./Zurich American Insurance Company
Andrew R. Borah
JCC Basquill (West Palm Beach) – Denied claimant’s choice of 1x change. The claimant was referred to pain mgmt and the E/C authorized an anesthesiologist. The claimant refused to treat with the anesthesiologist and requested a 1x change to a physiatrist. The E/C authorized another anesthesiologist. The JCC found no medical necessity for a change to a physiatrist.

Villalta v. YRC, Inc./Gallagher Bassett Services
Scott B. Miller
JCC Kuker (Miami) – Awarded $5,465.20 in taxable costs to E/C.

Seaton v. Florida Power & Light Co./Broadspire
Derrick E. Cox
JCC Pecko (Ft. Lauderdale) (Derrick Cox) – Awarded $912.38 in costs to E/C.

Cespedes v. Yellow Transportation, Inc./Gallagher Bassett Services, Inc.
Scott B. Miller
JCC Portuallo (VTC Miami) – Denied past surgery, TTD/TPD and increase in AWW. The claimant allegedly obtained emergency back surgery on his own at a hospital. The JCC found that the E/C had authorized an ortho to treat the claimant, and that the surgery the claimant obtained on an unauthorized basis was not an emergency nor shown to be related. However the JCC found that the claimant remained entitled to care related to the IA.

Hanna v. Robinson's Tractor Service/Gallagher Basset Services, Inc.
William H. Rogner
JCC Condry (Orlando) - Denied full payment of TTD. The JCC found the E/C was entitled to the 25% reduction for the claimant's failure to use a seat belt and that the E/C was entitled to recoup past benefits paid at the full rate

Noguera v. FrankCrum/Broadspire
Andrew R. Borah
JCC Jenkins – Denied TPD and medical benefits. EMA (Dr. Kenneth Fischer) opined that the claimant was at MMI and did not need any treatment.

Rodriguez v. FrankCrum, Inc./Broadspire
Andrew R. Borah
JCC Rosen – Denied TT/TPD and increased IBs. The JCC found the requested benefits were barred by res judicata and the two dismissal rule. The JCC also found a claim for P&I was barred by the language of a prior mediation agreement resolving all issues

Sanchez v. Daily Bread Food Bank/Selective Insurance Company
Andrew R. Borah
JCC Lazzara (VTC Ft. Lauderdale) – Denied medical benefits from the claimant’s unauthorized doctor. The claimant injured his low back with the same employer but different carrier. The E/C previously agreed to authorize the doctor as the claimant’s late 1x change. The JCC found that the doctor was not retroactively authorized and that the care requested was not reasonable, medically necessary, or causally related to the IA.

Rodriguez v. Frank Crum, Inc. and Broadspire
Andrew R. Borah
JCC Medina-Shore (Miami) - Granted E/C's motion for summary final order. The parties previously entered into a joint stip resolving all issues which the claimant's attorney argued had not resolved indemnity and the AWW. The JCC found the stipulation resolved the issue and that the claimant's position was 'tantamount to fraud on [the] tribunal.'

George v. Imperial Health Care Center/Premier Group Insurance
Jonathan L. Cooley
JCC Spangler (Ft. Myers) – Denied TTD/TPD, finding the claimant failed to sustain her burden to prove entitlement to lost wage benefits.

Caswell v. Gulf Coast Electric/United Self Insured Services
Matthew W. Bennett
JCC Roesch (Panama City)- Denied Osteo Bi-Flex. Awarded authorization of the claimant’s choice of pharmacy. 1992 d/a. The E/C asked the claimant to change pharmacies as the mail order pharmacy was double billing the E/C. The JCC found the claimant had a statutory absolute right to choice of pharmacies. The JCC however found Osteo Bi-Flex was not related to the IA

Juliano v. Phiris Corporation/Protective Insurance Company
Scott B. Miller
JCC Portuallo (Daytona Beach)– Denied further TTD/TPD and medical benefits. The JCC found the IA was not the MCC of the claimant’s complaints and need for treatment. The claimant had a prior work related back injury and a significant prior MVA with multiple fusions. The JCC also found the claimant worked full time until a separate knee injury at work

Robinson v. Economy Air Condition Heating/Amerisure Mutual Insurance Company
William H. Rogner
JCC Roesch (Panama City)– Denied additional TTD and IBs for psych benefits. The JCC found that since the claimant had been paid IBs, the 6 month limit on TTD began on the date of physical MMI, distinguishing Roe v. Razo-Guevara. The JCC also found the claimant was limited per the statute to 1% PIR for the psych injury.

Bradshaw v. Custom Architectural Metals, Inc./Travelers Property and Casualty Corporation
Michael S. Waranch
JCC Portuallo (Daytona Beach) – Denied full payment of old law (1989/1991) PTD. A 1994 order denied PTD and allocated payment of benefits between two E/Cs (75/25). The claimant was later accepted as PTD by both E/Cs. The JCC found that the claimant did not present medical or vocational evidence to support PTD for any specific injury or date of accident and erroneously attempted to argue res judicata or law of the case.

Chestnut v. C & C Pool Services, LLC/Amerisure
Robert J. Osburn, Jr.
JCC Condry (Orlando) - Denied weight reduction, aquatic therapy, traction and injections. Awarded TPD. The JCC found that the claimant sustained an aggravation of preexisting spondylolisthesis. The JCC also accepted a revised MMI date and retroactive restrictions.

Ledesma v. Castle Point Florida Insurance Company
Matthew J. Troy
JCC D’Ambrosio (West Palm Beach) - Denied all benefits based upon 440.105. The JCC found that the claimant made false statements denying prior car accidents, including a cervical x-ray two days prior to the IA.

Turner v. O2HR/Providence Property & Casualty
Zal Linder
JCC Hogan (Ft. Lauderdale)Awarded $65,487.50 (201.5 @ $325) attorney fee and $4,064.61 in costs. Claimant attorney asserted $80,600 was a reasonable fee.

Ford v. Watson's Towing/Providence Property and Casualty
Gregory D. White
JCC Hill (Gainesville)– Awarded $5,502 (26.2 @ $210) attorney fee and denied costs. The claimant alleged 33.2 hours were reasonable, and that those hours should be reimbursed at $250.00 per hour ($8,300). The JCC accepted the E/C position on both the hourly rate and objections to costs claimed.

Jesus Garza Rodriguez vs. ATG Holding Company/U.S. Fire Insurance Co. & Crum and Forster Ins.
Jonathan L. Cooley
JCC Sturgis (Ft. Myers) – Denied further medical benefits.

Moya-Perguero vs Trucks & Parts of Tampa, Inc./Ameritrust Ins. Corp.
Gregory D. White
JCC Jenkins (Tampa) – Granted E/C’s motion for summary final order. The JCC found that the claimant’s petition for re-employment services was barred by res judicata and lack of jurisdiction.

Rose vs. GEICO Corporation/Broadspire
Michael S. Waranch
JCC Sojourner – Denied treatment for carpal tunnel. The claimant had a prior compensable repetitive trauma with a recommendation for bilateral surgery which she did not undergo. The JCC found the claimant’s condition was essentially unchanged from her prior injury and that the claimant did not prove a new accident or injury.

Everly vs. Florida Wildlife Conservation Commission/Dvision of Risk Management
William H. Rogner
JCC Condry (Orlando) – Requests for payment of advances are on the rise. By now most people are familiar with the First DCA’s 2010 decision in Lopez v. Allied Aerofoam. Lopez reversed a JCC’s denial of an advance in a totally controverted case. The DCA ruled the legislature’s failure to exclude controverted cases impliedly meant that advances could be awarded in such cases. . Here, the JCC was asked to award a $2,000 advance to the claimant, a volunteer instructor for the State of Florida. F.S. s. 440.0(15)(d)(6)(2002) allows state volunteers to receive medical benefits, but as they receive no income, they are not entitled to any compensation. The JCC analyzed the advance statute, and found it required at least some potential prospect of entitlement to compensation. The JCC accepted the E/C position that as the claimant will never be entitled to compensation, an advance was improper and denied the claimant’s request.

Martinez vs. Southeast Personnel Leasing, Inc./Packard Claims Administration, Inc.
Zal F. Linder
JCC Castiello (Miami) – Granted E/C’s motion to dismiss for the claimant’s failure to pay costs previously awarded.

Sena vs. Parkway Health & Rehabilitation/Premier Group Ins.
Matthew J. Troy
JCC McAliley (Port St. Lucie) – Denied medical benefits. The JCC found that the pro se claimant did not present any admissible medical evidence to support entitlement to further medical benefits. The JCC found insufficient evidence to support the E/C’s 440.105 defense.

Duby vs. Wuestoff Health Systems/United Self Insured Services
Derrick E. Cox
JCC Terlizzese (Melbourne) – Awarded costs to employer/carrier in the amount of $4,771.49.

Latson vs. Medical Revenue Service/Crum & Forster
Andrew R. Borah & Matthew J. Troy
JCC Terlizzese (Melbourne) – Awarded $1,412.45 in taxable costs to E/C.

Portales vs. YRC, Inc./Gallagher Bassett Services-Nashville Carrier
Scott B. Miller
JCC Murphy (Tampa) – Denied compensability of shoulder injury. The claimant alleged injuring shoulder during physical therapy for the wrist. The JCC rejected claimant’s testimony which was not consistent with therapy records or history given to treating physician.

Bienes vs. Brevard County Parks and Recreation/PGCS
Derrick E. Cox
JCC Terlizzese (Melbourne) – Awarded $5,573.03 in taxable costs to E/C.

Fuentes vs. Stafflink Outsourcing IV, Inc. vs. SUA Insurance Company
Zal Linder
JCC Basquill (West Palm Beach) – Granted E/C’s motion to dismiss the claimant’s PFB for failure to pay costs awarded.

Kelly vs. Brevard County Board of Commissioners/Preferred Governmental Claim Solutions
Derrick E. Cox
JCC Terlizzese (Melbourne) – Granted E/C’s motion to enforce settlement.

Fuentes vs. Frank Crum/Frank Winston Crum Ins.
Andrew R. Borah & Matthew J. Troy
JCC Harnage (Miami) – Denied compensability. The JCC rejected the claimant’s description of an accident and found the claimant not credible. The JCC also found it suspect that the claimant waited three years to obtain medical treatment despite constant pain.

Jackson vs. YRC, Inc./Gallagher Bassett Services, Inc.
Scott B. Miller
JCC Pitts (Orlando) – Awarded $7,023.81 in taxable costs to E/C.

Kash vs. Global Employment Solution PEO
Andrew R. Borah & Kimberly De Arcangelis
JCC Sculco (Orlando) – Awarded $3,150.14 in taxable costs to E/C.

Seaton vs. Florida Power & Light Co. and Broadspire
Derrick E. Cox
JCC Pecko (Ft. Lauderdale) – Denied payment of spousal death benefits. The decedent had a legal wife in Wisconsin, a wife and children in Jamaica and a girlfriend in Florida. The JCC found that the claimant’s legal wife was neither dependent upon the claimant nor living apart from him for just cause.

Santoyo vs. The Hill Group, Inc./FFVA Claims
Anthony M. Amelio
JCC Terlizzese (Melbourne) – Granted E/C’s motion to enforce settlement.

Lesniak vs. Service Management Systems, Inc./Gallagher Bassett Service, Inc.
Scott B. Miller
JCC Sculco (Orlando) – Awarded 25% safety device reduction. The claimant fell while using a 3 wheel electric vehicle as a security guard. The JCC found that the claimant (a supervisor) knew of the requirement to wear a helmet correctly, was wearing it incorrectly, and that it caused his catastrophic injury. The JCC rejected the claimant’s estoppel argument that management was aware of the failure to correctly wear helmets and did nothing about it.

Stewart vs. Service Construction Supply, Inc./Sentry Insurance
Matthew Bennett
JCC Roesch – Denied new law (2006) PTD and pain mgmt. The JCC found that the claimant sustained a lumbar strain with no permanent restrictions. The JCC found that the claimants preexisting arachnoiditis was the cause of any need for treatment. The JCC rejected the claimant’s voc. expert.

Duby vs. Wuesthoff Health Systems/USIS, Inc.
Derrick E. Cox
JCC Terlizzese (Melbourne) – Denied all benefits based upon 440.105. The JCC found that the claimant made false statements about the type of shoes she had been able to wear following her ankle injury. Alternatively the JCC found that the IA was no longer the MCC of any disability or need for treatment.

Moros vs. Brevard County Board of Commissioners/Preferred Governmental Claim Solutions
Derrick E. Cox
JCC Terlizzese (Melbourne) – Denied compensability of presumption claim. The JCC found that the claimant’s pre-employment physical showed borderline HTN, sinus tachycardia, atrial enlargement and borderline ECG, and therefore found the presumption did not apply. The JCC rejected the argument that since the claimant was cleared for work the PEP did not show heart disease. Alternatively the JCC found that the E/C rebutted the presumption with the claimant’s family history and low HDL history. Notably the claimant sustained his heart attack while elk hunting in Colorado.

Lesniak vs. Valor Security Services/Gallagher Bassett
Gina M. Jacobs
JCC Sculco (Orlando) – Opposing counsel sought $24,922 in fees plus costs for securing $15,000 in attendant care benefits. JCC awarded $15,025 (55 @ $250, 3 @ $225, 10 @ $60) attorney’s fee and $47 in costs. 1/10/2009 d/a. Abbreviated order.

King vs. Osceola County Sheriff's Office/Florida Sheriff's WC Self-Ins. Fund/North Am. Risk Services
Kimberly De Arcangelis
JCC Sculco (Orlando) – Awarded $1,240.74 in taxable costs to E/C.

Salomon vs. Source Broadband Services, LLC/Crum & Forster/U.S. Fire Insurance Company
Zal F. Linder
JCC D’Ambrosio (West Palm Beach) – Granted E/C’s motion to enforce settlement. The JCC found that the E/C had agreed to fund any shortfall in an MSA and that all contingencies were met.

Neil vs. Thrive HR FL 1 LLC and SUNZ Insurance and USIS
Gregory D. White
JCC Langham (VTC Melbourne) – Granted E/C’s motion to enforce settlement. The JCC found that the claimant’s former counsel had authority to and did settle the workers compensation claim.

Newick vs. Webster Training Center/Zenith
Andrew R. Borah
JCC Hill (Gainesville) – Denied full payment of compensation and surgery. The claimant sustained a number of prior injuries, allegedly while at work for her own company. She did not file any notices of injury or seek benefits for these prior injuries. The E/C had already agreed to provide indemnity and surgery with a 65/35% apportionment per the EMA. The JCC found that these injuries were pre-existing conditions and accepted the EMA’s opinion on apportionment.

Turner vs. Frank Crum/Frank Winston Crum Ins./Broadspire
Paul L. Luger and Matthew J. Troy
JCC Spangler (VTC Miami) - Denied TTD/TPD, increase in AWW, and surgery. Awarded compensability of aggravation of pre-existing arthritis and conservative care. The claimant sustained a finger fracture when a crane fell on his hand. He also alleged an injury to the CMC joint of his hand. The JCC accepted the claimant’s IME and found that the claimant sustained an aggravation of his pre-existing arthritis and awarded conservative care. The JCC rejected proposed surgery. The JCC found that the claimant’s AWW should not be increased based upon the health insurance which started on the claimant’s d/a. Finally the JCC found that the claimant returned to his pre-injury employment and that any loss of earnings was unrelated to the IA.

Martinez vs. Southeast Personnel Leasing/Lion Ins. Co. serviced by Packard Claims
Matthew J. Troy
JCC Castiello (Miami) – Dismissed claimant’s PFB for failure to pay costs. A prior order had awarded costs to the E/C. The claimant failed to pay those costs. The JCC dismissed the claimant’s pending petition.

Salado vs. The Simplex Group, Inc./USIS, Inc.
Andrew R. Borah
JCC Medina-Shore (Miami) – Awarded $1,757.17 in costs to the E/C. The JCC noted a prior order awarding costs to the E/C.

Isajiw vs. Fank Crum/Frank Winston Crum Ins./Broadspire Carrier/Servicing Agent
Jonathan L. Cooley
JCC Spangler (Ft. Myers) – Denied work conditioning program. The JCC found that no evidence was presented that a program was recommended by the doctor.

Hayes vs. Graham Brothers Construction/Gallagher Bassett Services
Matthew Bennett
JCC Roesch (Panama City) – Denied TPD. The JCC found that the claimant remained at MMI until he underwent surgery and that all treatment since MMI had been palliative.

Jones vs. Royalty Foods, Inc./Gallagher Bassett Services, Inc.
Gregory D. White
JCC Pitts (Orlando) – Granted E/C’s motion to dismiss PFB for failure to pay costs awarded. The language in the statute indicates the JCC “may” dismiss the PFB for failure to copy with a cost order. Several JCCs have recently dismissed pending claims as a sanction for failure to pay costs.

Correa vs. MC Professional Window Cleaning, Inc./Frank Crum Insurance, Inc./Broadspire
Zal F. Linder
JCC Portuallo (VTC Miami) – Awarded $3,529.74 in taxable costs to E/C.

Hale vs. Gulf Coast Enterprises d/b/a Lakeview Center, Inc./U.S. Fire Insurance Company
Julie C. Bixler
JCC Winn (Pensacola) – Awarded $265.51 in taxable costs to E/C for securing medical records.

Fuentes vs. StaffLink Outsourcing, Inc./SUA Insurance Company
Zalman F. Linder
JCC Basquill (West Palm Beach) – Awarded $829.50 in taxable costs to E/C.

Segady vs. JFK Hospital and Broadspire
Sandra D. Wilkerson
JCC Basquill (West Palm Beach) – Denied PT, pain mgmt, and medical bills. Awarded replacement neurologist. 2001 d/a. The claimant had an initial compensable injury followed by a MVA. The JCC found that since the claimant sustained a permanent impairment rating from the IA, she was entitled to ongoing care, with a replacement neurologist. The JCC denied all specific medical benefits sought.

Kash vs. Global Employment Solutions PEO/SUA Insurance Company
Andrew R. Borah & Kimberly C. De Arcangelis
JCC Sculco (Orlando) - Denied all benefits based up on 440.105. The claimant alleged an inhalation injury and denied any similar prior problems. Medical records showed the claimant was diagnosed with asthma and treated for breathing problems before the accident. The claimant called her prior physician and asked him to lie about her records.

Rogers vs. 02HR, LLC/Providence Property and Casulty Insurance, and Imperial Casualty & Indemnity Company
Gregory D. White & Michelle A. Bayhi
JCC Sojourner (Lakeland) - Denied TTD/TPD, increase in AWW, medical care, and pain mgmt. EMA Dr. Cutler opined that the claimant’s complaints were due to unrelated degenerative disk disease, that the claimant was at MMI 0%, and no further treatment was necessary. The JCC also rejected the claimant’s arguments regarding the value of employer provided housing.

Martinez-Cardenas vs. Drawdy Brothers Construction/Amerisure Ins. Co.
Anthony M. Amelio
JCC McAliley (Port St. Lucie) – Amended order. Denied lumbar injury, reinstatement of a doctor and TTD/TPD. The E/C de-authorized that claimant’s doctor who recommended a stretching procedure which would suck a herniated disk back into place. Kenneth C. Fisher, EMA, rejected the procedure and opined that no further care was necessary. Despite allegations of memory problems, the JCC noted the unflagging memory of the claimant at trial.

Norvell-Murphy vs. Place At Vero Beach/Cambridge Integrated Services, Inc.
Anthony M. Amelio
JCC McAliley (Port St. Lucie) – Determined a settlement agreement was reached and the E/C had provided all settlement proceeds. The parties agreed to a settlement at mediation and the E/C subsequently provided all funds to the claimant’s former counsel. During that time, claimant’s former counsel was being investigated for misappropriation of funds. The Florida Bar suspended the attorney’s license and criminal charges are currently pending. The claimant argued that no settlement was reached or that the E/C should be required to pay the funds a second time to the claimant. The JCC found an agreement was reached and that the E/C had satisfied their duty by providing the funds to the claimant’s former counsel to hold in trust.

Jackson vs. YRC/Gallagher Bassett Services, Inc.
Scott B. Miller
JCC Pitts (Orlando) - Denied all benefits based upon claimant's violation of 440.105. Bifurcated hearing. The JCC found that the claimant made numerous false statements regarding prior injuries to the claimed body parts during the initial investigation of the claim and later to medical doctors. He rejected the notion these were “honest mistakes”, finding the numerous inconsistencies showed either a pattern of deceit or at best unacceptable indifference to integrity and truthfulness. At trial the claimant admitted to prior low back and bi-lateral shoulder pain.

Appleton vs. Arrmaz Custom Chemicals/Crum & Forster
Teri A. Bussey
JCC Sojourner (Lakeland) – Denied compensability. The E/C agreed that an accident had occurred but denied any injury as a result. The claimant had previously indicated during a statement and his deposition that he had only a stiff neck, not pain. The JCC rejected both claimant and his wife’s description of ongoing neck pain as a result of the fall.

Moya-Perguero vs. Trucks & Parts of Tampa, Inc. and Ameritrust Insurance Corp.
Gregory D. White
JCC Jenkins (Tampa) – Granted E/C’s motion for summary final order. The claimant filed a PFB seeking reemployment services. The JCC found jurisdiction was with the Department of Education.

Martinez-Cardenas vs. Drawdy Brothers Construction/Amerisure Ins. Co.
Anthony M. Amelio
JCC McAliley (Port St. Lucie) – Denied lumbar injury, reinstatement of Dr. Gary Weiss for neurological treatment for head injury, Vax D for an alleged neck and lumbar injury, and TTD/TPD. EMA rejected the procedures and opined that no further care was necessary. Despite allegations of memory problems, the JCC noted the unflagging memory of the claimant at trial.

Chilomer vs. Unitek USA/Broadspire
Derrick E. Cox
JCC Basquill (West Palm Beach) – Denied compensability. EMA opined that repetitive job duties were not the cause of claimant’s low back complaints.

Gauthier vs. Walt Disney World/Liberty Mutual Insurance, Inc.
Derrick E. Cox
JCC Sculco (Orlando) – The JCC denied mileage for the claimant’s representative to drive to pick the employee up for medical appointments but awarded other mileage claimed. A guardianship was established for an injured employee. Her representative claimed mileage to take the employee to her guardian attorney, mileage to and from appointments and to the representative’s house for ‘therapy.’

Crane vs. Fleetwood Homes of Florida, Inc./Broadspire
Derrick E. Cox
JCC Sojourner (Lakeland) – Denied E/C’s motion to tax costs. A prior order had denied most benefits, however the JCC found the claimant was entitled to fees and costs. The JCC found the issue controlled by res judicata, even though the current JCC would have awarded costs.

Redding vs. Heathcenter of Windermere/Premier Group Insurance
W. Rogers Turner, Jr.
JCC Condry (Orlando) – The claimant attorney sought $46,365 in fees for obtaining authorization of a podiatrist and foot surgery. The JCC considered that the fee affidavit contained numerous entries for items unrelated to the benefits secured. Awarded $11,182.50 (49.7 @ $225) attorney fee and $2,177.20 in costs. 2007 d/a..

Davis vs. Staffing Concepts, Inc./North American Risk Services
Teri A. Bussey
JCC Lazzara (VTC Gainesville) – Denied all benefits. Following numerous appeals to both the 1st DCA and the Supreme Court, the JCC found that no evidence was presented that the claimant’s complaints were causally related to her 2003 slip and fall.

Iglesias vs. Michaels Stores/Gallagher Bassett Services
Andrew R. Borah & Matthew J. Troy
JCC Medina-Shore (Miami) – Awarded $1,580.90 in taxable costs to E/C.

Blackwell vs. Wave Construction, Inc./First Commercial insurance Company, and Unisource Administrators, Inc.
Julie C. Bixler
JCC Roesch (Panama City) - Awarded $334 in taxable costs to E/C.

Crane vs. Fleetwood Homes of Florida, Inc./Broadspire
Derrick E. Cox
JCC Sojourner (Lakeland) - Awarded $9,625 (55 @ $175) attorney fee and $3,119.60 in costs. 2005 d/a. The claimant’s fee affidavit sought a fee of $73,664.25, alleging all submitted hours were related to the benefits obtained (two weeks of temporary indemnity and an MRI of the right shoulder). The JCC noted that a majority of the time was spent on benefits that were denied. The JCC further noted that legal assistant time listed was generally clerical in nature, duplicative or vague.

Norvell-Murphy vs. Place at Vero Beach/Cambridge Integrated Services, Inc.
Anthony M. Amelio
JCC McAliley – (Port St. Lucie) – The JCC ordered the parties to attend a status conference. The E/C sought to enforce a settlement where the claimant attorney absconded with the settlement proceeds. The JCC analyzed in detail the privileges attached to the mediation process, and then ordered the parties to confer on facts prior to another hearing.

Jones vs. Royalty Foods, Inc./Gallagher Bassett Services
Timothy F. Stanton & Greg D. White
JCC Lazzara (VTC Orlando) - Awarded $7,162.21 in taxable costs to E/C. The JCC rejected the claimant's arguments that costs should not be awarded because he would not be able to pay them.

De La Pena vs. East Coast Metal Decks, Inc./Frank Winston Crum Services
Sandra D. Wilkerson
JCC Punancy (West Palm Beach)- Denied PTD and attendant care based upon violation of 440.105. The claimant was seen on surveillance lifting furniture and welding, both of which he denied during deposition. The JCC rejected the claimant’s arguments that his attorney instructed him to lie.

Salado vs. The Simplex Group, Inc.
Andrew R. Borah & Matthew J. Troy
JCC Medina-Shore (Miami) – Awarded $1,679.40 in taxable costs to the E/C. Denied claimant’s arguments that she did not provide prior counsel with authority to dismiss her PFB and that 440.30 did not permit the taxation of deposition costs.

Bradshaw v. Brevard County Board of Commissioners
Derrick E. Cox
JCC Terlizzese (Melbourne) - Awarded $2,536.31 in taxable costs to E/C.

Adams vs. State of Florida – Highway Patrol and Division
Teri A. Bussey
JCC Langham (Orlando) – Denied TTD/TPD, increase in AWW, and compensability of a 2008 D/A. Awarded psych eval. Presumption claim. The claimant had a compensable heart attack in 2002 with a period of disability and reached MMI in 2002. He claimed a new D/A on the day he announced his retirement. The JCC found that the claimant did not have a new cardiac event and that there was no evidence of progression of his compensable coronary artery disease and his restrictions had not changed since the 2002 MMI.

Green vs. Irby Construction/Gallagher Bassett Services
Gregory S. Raub
JCC Rosen (VTC Lakeland)– Determined jurisdiction was in Florida in a bifurcated hearing. The claimant was injured while in North Dakota. The JCC determined that the claimant’s contract for hire was completed in Florida.

Williams v. Gulf Coast Enterprises d/b/a Lakeview Center, Inc./United States Fire Insurance Company
Julie C. Bixler
JCC Winn (Pensacola) Awarded $344.24 in taxable costs to E/C and $500 for half of IME’s no show fee.

Garcia v. American Reprographics/U.S. Fire Insurance Company
Andrew R. Borah
JCC Kuker (Miami) – Awarded $1,430.60 in taxable costs to E/C. The JCC rejected the claimant’s argument that 440.30 prohibits the taxation of deposition costs.

Wilcox v. East Coast Fire Protection/United States Fire Insurance Company
Andrew R. Borah & Kimberly De Arcangelis
JCC Condry (Orlando) – Denied compensability of bi-lateral foot conditions, indemnity and ortho. The JCC rejected the claimant’s description of the accident. The JCC also stated he believed that the claimant withdrew his claim for compensability of his back based upon a probable violation of 440.105 and that the withdrawal did not change the misrepresentations.

Bruton v. Orange County Convention Center/Alternative Service Concepts
Kimberly De Arcangelis
JCC Pitts (Orlando) Awarded $3,336.27 in taxable costs to E/C.

McCollum v. Alternative Service Concepts
Kimberly De Arcangelis
JCC Sculco (Orlando) - Awarded $2,811.86 in taxable costs to E/C. The JCC rejected the claimant's argument that 440.30 prohibited the award of deposition costs to the E/C.

Wasef v. Mitsubishi Electric America/Tokio Marine
W. Rogers Turner, Jr.
JCC Pitts (Orlando)(2/2008 d/a) -- Awarded $10,000.00 appellate fee based on $250.00 per hour. Claimant had requested 67 hours at $300.00 per hour.

Correa v. MC Professional Window Cleaning/Broadspire
Zal F. Linder
JCC Portuallo (Daytona Beach) Denied TTD/TPD. The JCC found no evidence to support indemnity, no causal relationship, that the claimant was at MMI and that the claimant voluntarily limited his income. All authorized physicians released the claimant with a 0% PIR.

Chirino-Diaz v. Southeast Personnel Leasing, Inc.
Anthony M. Amelio
JCC Medina-Shore (Miami) Denied TPD. Awarded P&I on IBs. The JCC determined that the claimant quit the employer to work a different job and was subsequently fired from the new job for theft. All restrictions would have permitted the claimant to work in his pre injury job as a valet and the JCC granted the E/C’s voluntary limitation of income defense. The JCC awarded P&I based upon late payment of IBs, despite the confusion in the doctor’s notes.

Jones v. Royalty Foods/Gallagher Bassett Services
Gregory D. White
JCC Lazzara (Gregory D. White) Denied compensability of right shoulder and pain management. The claimant sustained a left shoulder injury and now sought compensability of his right shoulder. The JCC completely rejected the claimant’s testimony. EMA Dr. Robert Murrah opined that the right shoulder was unrelated to the IA and no further care was needed.

Villa v. Astellas US Holdings, Inc./Tokio Marine
W. Rogers Turner, Jr.
JCC Hill (Gainesville)Denied compensability. Claimant was a pharmaceutical rep who lived in S. Florida. Every other week he would spend several days in Orlando, calling on doctors in Orange and Lake Counties. After seeing the last doctor in Lake County, instead of returning to his hotel in Orlando, the claimant drove approximately 20 miles north of Ocala to go horseback riding and have a BBQ. Sadly, seconds after attempting to mount the horse, the claimant fell and sustained permanent brain damage. The parties bifurcated the issue of compensability, specifically whether the claimant’s accident was compensable under the “personal comfort” theory of the traveling employee rule. The JCC denied compensability, holding that while it was reasonable for the claimant to have dinner, and perhaps even do so miles away from his hotel, compensability could not be found where the claimant engaged in an inherently dangerous activity (per F.S. s. 733) which was not reasonably related to his employment, nor foreseen or acquiesced to by the employer.

Emilsaint v. Frank Crum /Frank William Crum Ins.
Sandra D. Wilkerson
JCC Rosen (VTC Miami) Denied all benefits. The JCC found the claimant injured himself at home and denied compensability of the accident. The JCC also found the claimant did not establish any evidence to support the claims were compensable.

Lago v. Lee County Sheriff's Department/North American Risk Services
Kim De Arcangelis
JCC Spangler (Ft. Myers) Granted E/C’s motion for Summary Final Order. The JCC found the claimant was an inmate trustee at the time of injury and therefore statutorily excluded from “employment.”

Mobius v. Brevard County Board of Commissioners/PGCS
Derrick E. Cox
JCC Terlizzese (Melbourne)– Awarded $481.97 in taxable costs to E/C. Dismissed portions of PFB seeking full pay status per 440.15(11) and reimbursement of leave.

Cheryl Pugsley v. Highlands County Sheriff's Department/North American Risk
Kim De Arcangelis
JCC Hofstad (Lakeland) – Awarded E/C taxable costs of $248.01.

Maria Iglesias v. Michael's Stores/Gallagher Bassett
Andrew R. Borah
JCC Medina-Shore (Miami) Denied treatment for cervical strain, MRI, and PT. The claimant was placed at MMI following a cervical strain which had resolved without pain. Approximately one year later, and one month after resigning, the claimant complained of neck pain. The JCC rejected all the claimant’s arguments, finding that the IA was not the MCC of any need for treatment or diagnostic studies.

Juan Mercado v. Drawdy Brothers Construction, Inc./Amerisure
Anthony M. Amelio
JCC Terlizzese (Melbourne) Denial of benefits. The JCC reserved jurisdiction as to E/C’s 440.105 defenses.

Marie Paraison v. Vacation Resorts International/Safeco
Dominic C. Locigno
JCC Pecko (Ft. Lauderdale)Granted E/C’s motion to enforce settlement, finding the parties reached an enforceable agreement.

Markel Chirino-Diaz v. Southeast Personnel/Packard Claims
Anthony M. Amelio & Matthew J. Troy
JCC Medina-Shore (Miami) Awarded $1,358.80 in taxable costs to E/C. The JCC rejected the claimant’s argument that E/C’s are not permitted to recover deposition fees.

Starr v. Brevard County Board County Comissioners/PGCS
Derrick E. Cox
JCC Terlizzese (Melbourne) Denied request for an authorized ortho to treat claimant’s back. The claimant was referred to an ortho for his shoulder and neck, but not his low back. His PCP continued to treat his low back. The JCC denied a request for the authorized ortho to be authorized to treat his low back.

Wilkinson v. Work Impex Trading Corp/Sentry Insurance
Timothy F. Stanton
JCC Pitts (Jacksonville)1998 d/a. Denied increase in attendant care benefits. Awarded additional hours of attendant care at federal minimum wage. The parties had previously stipulated to paying attendant care at a set rate. A doctor subsequently determined that the claimant needed additional non professional attendant care. The JCC awarded the same, but at the minimum wage, not the previously agreed upon rate.

Mott v. FrankCrum/Frank Winston Crum Insurance
Paul L. Luger
JCC Lewis (Ft. Lauderdale) Denied TPD. The JCC found the claimant did not present medical evidence that the IA remained the MCC of any disability or need for treatment. The claimant attempted to admit medical records at trial pursuant to 440.29(4), however the records were not provided 30 days prior to the hearing and the JCC denied the motion. The JCC did not rule on the E/C’s numerous other defenses.

Garcia v. American Reporgraphics/U.S. Fire Insurance Company
Dominic C. Locigno
JCC Kuker (Miami) Denied all benefits, based upon E/C’s SOL defense. Previously, all pending PFBs had been dismissed by the JCC’s order for failure to appear for mediations. Following dismissal, the claimant filed a new PFB, which the E/C denied based upon SOL. The claimant testified that he had not received any information about the SOL, despite returning forms accompanying the initial claim packet and brochure. The JCC found the PFB to be barred by the SOL and denied all benefits.

Keller v. Family Dollar/Risk Enterprise Management
Jonathan L. Cooley
JCC Sturgis (Ft. Myers) On rehearing, enters an Order accepting the carrier’s positions that the issue of entitlement to a one time change was not ripe for hearing.

Cruz v. HCA Health Services of Fla/Broadspire
Robert S. Gluckman
JCC Basquill (West Palm Beach)Denied PCP and discectomy. Awarded neurosurgeon. The JCC determined that the E/C had waived MCC by accepting compensability of the claimant’s lumbar injury. The JCC however determined that the claimant did not present a case for the PCP and that the surgery was one of many options available to the claimant.

Teran v. Goodwill Industries/United States Fire Ins. Co.
Sandra D. Wilkerson
JCC Rosen (video conference in Miami)– The Judge denied all benefits, accepting the Carrier’s statute of limitations defense. The Judge specifically found that the carrier proved the brochure had been provided, rejecting the Claimant’s assertion that she did not receive it. Additionally, the Judge found that the Claimant had not met her burden of proving entitlement to benefits.

Bruton v. Orange County Convention Center/Alternative Service Concepts
Rex A. Hurley
JCC Farrell (Orlando) Denied PTD on 2005 date of accident. All but one physician placed the Claimant at MMI without restriction. One physician provided restrictions of no lifting greater than 30 or 35 pounds. The Claimant had continued to work post accident, until being terminated from a subsequent job for yelling at a customer. The Claimant had only looked at several places for work with those searches being done in the days immediately before the hearing. The carrier introduced rebuttal testimony establishing the Claimant had not looked where he said he had.

Simmons V. Orange County/Alternative Service Concepts
Rex A. Hurley and Kim De Arcangelis
JCC Condry (Orlando) Denied temporary indemnity and authorization of an alternative orthopedic surgeon, but awarded a neurosurgeon. The Judge accepted the Carrier’s position that the claim for temporary indemnity benefits, which was predicated on claim for an average weekly wage adjustment based on concurrent employment, was barred by res judicata as the Claimant had previously claimed an adjustment to the average weekly wage and entered into a mediation agreement indicating the issue was resolved. Furthermore, the Claimant failed to include an AWW issue on the pretrial stipulation or PFB and furthermore failed to introduce evidence in support of the claim. The Judge resolved medical conflicts in awarding a neurosurgeon. However, the Judge awarded an evaluation only to determine whether further neurosurgical care, including potential surgery, was necessary and related.

McCollum v. Orange County/Alternative Service Concepts
Rex A. Hurley and Kim De Arcangelis
JCC Sculco (Orlando) Denied temporary indemnity benefits, increased impairment income benefits, and compensability of injury to back. In denying the back, the Judge found the Claimant had pre-existing degenerative changes and had failed to establish the industrial accident as the major contributing cause of the need for treatment. Prior to the industrial accident, the employer had made multiple accommodations for the Claimant due to pre-existing personal conditions. The Judge found the Claimant’s restrictions due to work related injuries would not preclude her from engaging in her pre-injury employment. The Claimant further failed to demonstrate that the industrial accident was the major contributing cause of “sit down” restrictions that did preclude her from working.

Braun v. Brevard County/PGCS
Derrick E. Cox
JCC Terlizzese (Melbourne) Allocated 50% of claimant’s treatment to second date of accident per 440.42(4). The claimant had previously stipulated to a WC lien for the second date of accident and attempted to pursue care under the first date of accident to avoid the out-of-pocket costs.

Travieso v. Miner Florida/Tokio Marine Management
Scott B. Miller
JCC Sculco (Orlando) Denied all benefits based upon claimant’s violation of 440.105. JCC found claimant incredible as he could clearly recall prior accident in 2000 but failed to remember 2 accidents in 2006 which led to 3 visits to ER. Claimant presented no evidence to substantiate what the JCC called an “unusual manifestation of memory problems”.

Watson v. Gulf Coast Enterprises/United States Fire Ins. Co.
Julie C. Bixler
JCC Winn (Pensacola)The Judge of Compensation Claims denied permanent total disability benefits to a 44 year old with a seventh grade education, who had been hired under a disability program due to a pre existing mental disability. The employer testified that any work restrictions could be accommodated. The claimant had exhausted the 104 weeks of temporary indemnity, but was not at medical maximum medical improvement. The Claimant attempted to utilize Emmanuel to establish PTD from the date of “statutory” MMI. The Judge distinguished the case from Emmanuel, noting the Claimant in Emmanuel had been at physical MMI, while the Claimant in this matter was not at physical MMI and was expected to make substantial improvement. There was no evidence to support an award under Oswald.

Menchaca v. Creative Ins. Concepts/SUA Insurance
Robert S. Gluckman and Dominic C. Locigno
JCC Medina-Shore (Miami) Awarded E/C taxable costs of $3,976.10 for defense of the below PFB through a merits hearing.

Menchaca v. Creative Ins. Concepts/SUA Claims
Robert S. Gluckman and Dominic C. Locigno
JCC Medina-Shore (Miami) Granted E/C’s motion for sanctions. A prior order found the E/C timely authorized a walk-in clinic. The claimant then filed a PFB seeking medical care with the walk-in clinic. The claimant then requested that the E/C set an appointment for the claimant. The E/C timely responded that the clinic was authorized and that no appointment was needed nor could one be set. No evidence was presented that the claimant ever actually went to the clinic nor that he was ever turned away by the clinic for lack of an appointment. The JCC also found that the claimant did not make a good faith effort prior to filling the PFB. The JCC deemed the PFB frivolous.

Rivera v. Southeast Personnel Leasing/Packard Claims
Robert S. Gluckman
JCC Medina-Shore denied all benefits. The claimant sustained a documented accident and compensable treatment at a hospital. He then refused further medical care and a drug test. The claimant returned to work 2 days after the accident and was later terminated. The JCC found the IA was not the MCC of any disability or need for treatment. The JCC denied the 1x change in PCP, finding the claimant treated at a hospital, which is a health care provider, not a physician, and therefore no 1x change was applicable. Finally the JCC found the claimant had a prior accident which he did not reveal to his IME, negating his opinions.

Davis v. Gainesville Healthcare Center/Providence Property & Casualty
Teri A. Bussey
JCC Lazzara granted motion for summary final order. The JCC found there was no employee/employer relationship and dismissed all petitions referencing the employer.

Barrera v. Stafflink Outsourcing/SUA Claims
Robert S. Gluckman
JCC Harnage granted Motion for Summary Final Order dismissing PEO E/C. The JCC considered numerous affidavits filed by the PEO that they possessed no application paperwork, wage information or other documentation of any kind that the claimant was their employee. The claimant argued that discovery was ongoing, but the JCC felt the documentation provided was sufficient to rule on the Motion in a summary manner.

Becerra v. Frank Winston Crum Ins./Broadspire
Geoffrey C. Curreri
JCC Pecko denied all benefits, based on SOL. Medical care and indemnity was last paid in 2007. The carrier’s file contained the documents sent to the claimant at the outset of the claim, including warnings about the SOL. The claimant testified he had only not received mail twice in the 16 years he had lived at the same address. The JCC found the claimant had received the SOL documentation.

Gordon v. Vehicare Corporation/Montgomery Ins.
Scott B. Miller
JCC Hofstad awarded taxable costs of $1,242.36 to the E/C.

Chirino-Diaz v. Southeast Personnel/Packard Claims
Robert S. Gluckman
JCC Medina Shore denied claimant’s request for one time change in physicians. The carrier timely authorized Dr. Berkowitz when first requested. Claimant filed new PFB’s which were dismissed for lack of specificity seeking change in physician. Carrier maintained Dr. Berkowitz still authorized. Claimant replies via fax not acceptable. Claimant files specific PFB asking for change in orthopedic, Dr. Berkowitz fed up with the games won’t see the claimant, carrier still authorizes Dr. Donshik timely. JCC holds original authorization timely and the claimant and claimant attorney the reason for the unwarranted delay in medical care.

Carpenter v. Florida Power & Light/Broadspire
Robert S. Gluckman
JCC Castiello denied all benefits. Found violation of 440.09 and 440.105. The Claimant denied any history of prior back injury to authorized physicians despite evidence of the same. He also denied working following the accident, which surveillance showed to be untrue. He alleged the work shown on surveillance was actually just assisting fellow AA (Alcoholics Anonymous) members. The JCC found the claimant incredible. Additionally the JCC found the accident was not the MCC of the need for treatment.

Socorro v. Southeast Personnel/Packard Claims
Jonathan L. Cooley
JCC Spangler amended order denying all benefits. The JCC found that the Claimant’s evidence did not present a change from a previous Merit Order, that there was no MCC for a neurological referral, and that the Claimant had not demonstrated entitlement to TT/TPD.

Chirino-Diaz v. Southeast Personnel/Packard Claims
Robert S. Gluckman
JCC Medina-Shore denied claim for change in physicians. The E/C timely authorized a 1x change following a PFB. Counsel for the Claimant rejected the offered doctor and the Claimant never went. The JCC found that the 1x change remained authorized and that the Claimant may avail himself of that treatment. Finally the JCC notes that the WC legal system should not be used as a “personal ‘playground’.”

Sweet v. Brevard County/PGCS
Derrick E. Cox
JCC Terlizzese awarded podiatric and psychological evaluations. Rejected E/C MCC defense. Claimant suffered a back injury in 1997 with surgery. He subsequently moved to Chicago and had been undergoing authorized care. The JCC awarded podiatric and psychological evaluations as claimant’s complaints remained the same since the accident.

McMath v. Winn Dixie/Sedgwick Claims Management
Derrick E. Cox
JCC Sculco granted E/C’s motion to enforce settlement, rejecting claimant’s argument he felt forced to settle at mediation. The JCC found the claimant was bound by the settlement agreement.

Soto v. U.S. Security Assoc./Gallagher Bassett
Zalman F. Linder
JCC Castiello entered an Order to Show Cause and to Strike “Claimant’s Motion to Compel Updated Carrier File”. The JCC noted the claimant routinely files such motion before the Court, and had filed 41 identical motions in separate cases in a month period. The JCC noted that filing the motion was premature and groundless, as there was no outstanding Request to Produce for which the court could compel compliance. The Court noted the Motion also failed to observe any applicable procedural rule regarding personally conferring with the carrier attorney, or otherwise trying to resolve the matter without judicial intervention. The JCC gave the claimant attorney ten days from the date of the Order to show cause why he should not be sanctioned, and why the motion to compel was not a sham pleading.

Mondragon v. Southeast Personnel/Packard Claims
Robert S. Gluckman
JCC Kuker granted the Employer/Carrier’s Motion to Dismiss Petition for Benefits seeking penalty on untimely payment of settlement. The Order on the Settlement had been filed by the court under the wrong date of accident, so that the Employer/Carrier’s counsel did not receive it timely. Upon the Employer/Carrier’s receipt, payment was promptly issued. The Judge found that any delay in payment was not willful.

Kringel v. Modern Business Assoc./Insurance Company of America
Timothy F. Stanton
JCC Sculco denied Employer/Carrier’s Petition to Modify prior award of 24 hours per day attendant care from an LPN. The Claimant’s mother did not want an attendant in the house when she was there, so the parties agreed that the mother would provide 12 hours per day when she got home. The physician’s testimony confirming this would be appropriate did not give rise to a change of circumstances, however the parties were free to enter into agreements as they saw fit.

Hayden v. Brevard County/PGCS
Derrick E. Cox
JCC Terlizzese denied a claim for reimbursement to the claimant of co-pays to an unauthorized physician and for an MRI. The Judge found the carrier had, at all times, provided appropriate care for the Claimant and that the Claimant did not request the care from the carrier prior to obtaining care. Therefore the claimant could not rely upon the self help features of s. 440.13.

Black v. Traffic Control Devices/Amerisure
William H. Rogner
JCC Sculco denied claim based on misrepresentation. Employer witnesses testified to the claimant’s statements re: monetary problems and his intent to fake a WC injury. The claimant gave conflicting descriptions of his injury at different stages, and surveillance showed the claimant to be much better off than he presented at trial.

Socorro v. Southeast Personnel/Packard Claims
Jonathan L. Cooley
JCC Spangler denied TT/TPD, awards neuro. Relying on prior order, JCC denies indemnity claims and finds the claimant did not prove entitlement to a new different period. Parties had previously stipped to 1x change on eve of prior trial. JCC finds 1x change recommended neuro and does not address E/C MCC arguments.

Leon v. Leath Furniture/United States Fire Insurance Company
Robert S. Gluckman
JCC Kuker denied claimant PTD and found the claimant violated section 440.105 and 440.09. The claimant’s prior attorney withdrew from the case after the E/C sent surveillance of the claimant working. The claimant denied working post accident and completed DWC 19's denying income. He then filed an apology letter with the JCC asking for forgiveness, as he had child support payments to make. He also said he was fired from the job because he could not work up to par. The Owner of the business where he worked post accident testified he paid the claimant cash and produced receipts. He also said he thought he was a good employee and wanted to put him on the books but the claimant asked for all copies of documents he provided to the subsequent employer apparently in an effort to conceal his work.

Martin v. Fleetwood Homes/Broadspire
Derrick E. Cox
JCC Hofstatd denied request for lumbar injections for 88’ DOA. After EMA Eichberg denied medical necessity from ’06 PFB, the claimant proceeded on an ’09 PFB with a renewed Rx for the same injections. The JCC noted no additional medical testimony to counter prior EMA opinion.

Moya v. Trucks and Parts of Tampa/Ameritrust
Gregory D. White
JCC Jenkins denied new law PTD. The JCC rejected the claimant’s vocational expert, noting numerous assumptions that were not borne out by record evidence. The expert based many restrictions on an alleged psychiatric condition that had been denied in a previous order, and referred to a job search that the JCC rejected as not being “in good faith” as most jobs exceeded the claimant’s restrictions. The JCC also rejected the assumption that the claimant lacked English skills.

Burgess v. Buckhead Beef Florida/Sentry Insurance
Gregory D. White
JCC Terlizesse denied all medical and indemnity benefits except for authorization of ongoing palliative care. In addition to denying multiple claimed benefits, the JCC determined that the carrier was entitled to apportion 40% of ongoing expense. The JCC also expressly limited any fees to only the issue of obtaining ongoing palliative care.

Wilkinson v. World Impex Trading Corp/Sentry Ins.
Gregory D. White
JCC Pitts awarded a $14,750.00 fee based on $250.00 per hour. The Judge rejected entitlement to a fee for obtaining payment of a supplemental benefit. The failure to pay was an oversight and the carrier corrected within 30 days of the filing of the Petition for Benefits. Likewise, the Judge rejected the Claimant’s counsel’s argument that the Claimant should pay a fee based upon the full value of the 5% supplemental until 62 noting it was an issue promptly corrected and that the carrier had previously paid a fee on permanent total disability which would have included the supplemental. A claimant paid statutory fee was awarded on the amount of the underpayment.

Robert Bend v. Shamrock Services/Zenith
Rex A. Hurley
JCC Terlizzese denied benefits to the Claimant, finding the insurance contract between the Zenith and the Employer was void based upon employer fraud. The Employer completed an application stating they had a lawn maintenance business and that no travel beyond sixty miles would occur. In actuality, the Employer ran a statewide commercial painting company. The Judge accepted the carrier testimony that they do not write coverage for high risk jobs such as commercial painting and would not have written the coverage. Alternatively, the JCC found the Claimant was not an employee of the Employer engaged in lawn maintenance but was employed, if anything, in a separate statewide painting company.

Steedly v. Volusia County School Board/USIS
William H. Rogner - As Expert Fee Witness
JCC Portuallo awarded an appellate fee of $23,540 (85.6 hours @ $275 an hour). The JCC awarded only 4.65 hours to the trial counsel for his appellate involvement @ $250 and hour, finding much of his time duplicative. The JCC rejected the claimant’s appellate attorney’s argument that he should be awarded between $300 and $500, as he was a Miami attorney and should be awarded Miami rates. The JCC accepted Bill Rogner’s opinions on most issues, and noted his research into hourly rates both in the locality and across the state was more extensive than that of the claimant’s fee expert. He denied the claimant’s objections that Bill’s opinions were inadmissible.

Williams v. Archer Western Contractors/Gallagher Bassett
Matthew W. Bennett
JCC Lazarra denied over nine months of requested temporary partial benefits, based on the Claimant’s failure to job search. The JCC awarded payment of medical bills and authorization of physician as claimant’s one time change. The Judge held that the physician was statutorily authorized due to carrier’s failure to timely authorize a replacement. The Judge found it was unnecessary for the carrier to have a specific request for a one time change in writing once the carrier had actual knowledge of the request for a one time change that had previously been requested by email. The Judge denied transportation as premature as no claim for mileage had been submitted.

McLean V. McLane Grocery/Sedgwick CMS
Michael S. Waranch
JCC Sculco approved E/C motion to enforce settlement. Claimant had been initially represented. The claimant signed letter from that attorney regarding terms of settlement. Claimant then retained a second attorney to try and get out of settlement. The JCC rejected the claimant’s arguments that the letter did not evidence the E/C’s assent to settlement, and that the documents operated to amend the agreement of the parties.

Garcia v. Crum Services/Broadspire/Crum & Forster
Geoff Curreri
Complete denial of benefits. The claimant alleged multiple injuries from an assault at work. The JCC had to resolve the testimony of two employer reps vs. the claimant. The JCC was clearly unimpressed with the employer reps, and noted he doubted the legitimacy of the alleged reasons for terminating the claimant. However, the JCC similarly rejected the claimant’s rendition of injuries from a fight. He carefully examined the evidence, including the claimant’s prior WC fight related claim, and found there was no evidence to substantiate his WC claim.

Davila v. Osceola County Sheriff/Unisource
Rex A. Hurley
In a lengthy order, JCC denies compensability of two accidents that claimant sought to relate to hypertension. The claimant, a corrections officer who had been transferred to a different role when the jail closed, suffered a couple of syncopal episodes. None of the physicians definitively related the syncopal episodes to the Claimant’s high blood pressure. The syncopal episodes were the cause of the claimant’s disability, not the hypertension. Therefore, the Judge denied compensability.

Floyd v. Gulf Coast Enterprises/U.S. Fire Insurance
Julie C. Bixler
JCC Winn denied approximately 10 months of TPD, finding the claimant failed to prove the MCC of her wage loss was the industrial accident. The claimant worked for a federal contractor who was required to have at least 70% of their workforce be disabled. After a fall, the claimant was given restrictions. The employer testified they accommodated every restriction. The Judge accepted that testimony, coupled with the testimony that the claimant terminated her work due to an unwillingness to perform modified jobs. The Judge also noted the claimant had not looked for work during the claimed period and rejected the argument that applying with the State for assistance in obtaining employment satisfied her burden.

Correa v. Finishing Systems of Florida/Amerisure
William H. Rogner
JCC Langham denied compensability of alleged accident and injury. The claimant alleged all the way up until trial that his accident and resulting injuries occurred on April 5th. At trial the claimant sought to amend the accident date to March 29th. The JCC agreed to allow the amendment, and allow the E/C 90 days to conduct further discovery. The E/C withdrew their objection and proceeded to try the case. The JCC found the claimant's "evolving" story regarding the accident and resulting events incredible, and accepted the testimony of four live employer witnesses.

DeOliveira v. Progressive Employer Service/USIS
Robert S. Gluckman
JCC D’Ambrosio. All benefits denied to unrepresented claimant.

Vasquez v. Southeast Personnel/Packard Claims
Robert S. Gluckman
JCC Kuker denied all pending claims. The claimant was a delivery driver injured in a compensable MVA. After the accident, the claimant had restrictions. The E/C offered work within those restrictions, which the claimant refused. The JCC further accepted the testimony of authorized doctors that the claimant had no current work restrictions. The Judge denied the claim for a one time change, finding the carrier timely authorized the claimant’s change following a written request.

Duke v. Select PEO/Providence Property & Casualty
Gregory D. White
JCC Hofstad granted E/C motion to enforce settlement agreement. The Judge found the claimant knowingly entered into a settlement, and no contingencies existed to excuse enforcement.

James v. ELS/EastGuard Insurance/Americhase
Gregory D. White
JCC Portuallo denied compensability based on no employer/employee relationship. Alternatively, the Judge found the claimant was not due any benefits due to misrepresentations regarding his prior drug use. The E/C also proved the claimant was not due benefits per a failed drug test, without a presumption. The carrier was not afforded the presumption, under F.S. §440.09(7), because the drug test was not forensic, but rather for medical purposes. The E/C established chain of custody, and the Judge found the E/C established their burden that the accident was occasioned primarily by the intoxication of the employee.

Hidalgo v. The Simplex Group/USIS
Robert S. Gluckman
JCC Lewis denied compensability of claimant’s right shoulder condition. The E/C had accepted the neck and left shoulder. The JCC also awarded payment of an MRI of the left shoulder that had been initially authorized, but deauthorized after it was performed. The JCC also awarded neurological and psychiatric evaluations based on the claimant’s compensable conditions.

Newton v. 1st Fire & Security/Providence Property & Casualty
Paul L. Westcott
JCC McAliley dismisses Petitions for lack of prosecution. The Judge found that prior voluntary dismissals were a nullity since all issues were not dismissed. The Judge undertakes an analysis of the evolution of the case law, statutes and rules regarding voluntary dismissals but ultimately decides that no action was taken in a year and the claimant’s counsel was not mislead in any way that would have prevented him from pursuing prosecution of the Petitions or issues. The Judge notes that the impact on the claim for attorney’s fees remained to be determined.

Cortez v. Fern Park/Crum & Forster
Andrew R. Borah
JCC Farrell (Orlando) – denied claims for TP/TT. The judge found no requisite causal connection for alleged wage loss. The claimant looked for one job in one year, and applied for SSD based upon an unrelated back condition.

Martinez v. Southeast Personnel/Packard Claims
Robert S. Gluckman
JCC Castiello (Miami)– total denial of all claims. The claimant had a compensable accident with multiple alleged body parts. During the course of treatment, complaints migrated from the left side to the right side. The Judge noted multiple inconsistencies with the claimant’s testimony, found all his complaints had resolved and no interpretation of the evidence supported any of his multiple claims.

Roncero v. Bulk Express/Providence Property & Causalty
Zal Linder
JCC Medina-Shore (Miami)denied all requested indemnity to claimant. The claimant treated with numerous doctors. The JCC found that although the claimant disagreed with his full duty status, there was no admissible medical testimony to support an award of indemnity.

Menchaca v. Creative Insurance/SUA Claims
Robert S. Gluckman
JCC Medina Shore (Miami) denied all benefits sought. The JCC denied the claimant’s attempt to introduce an IME report, sustaining the E/C authenticity argument. The JCC accepted testimony that there was no ongoing MCC for any alleged complaints, but noted that as the E/C had timely authorized a 1x change, the claimant could still go to that Dr.

Garcia v. Frank Crum
Dominic C. Locigno
JCC Hill (Miami) denies compensability based on lack of notice, accepting the testimony of supervisors and co-workers over that of Claimant regarding whether the claimant ever reported the injury.

Villamil v. O2HR/Providence Property & Casualty
Paul L. Westcott
JCC Punancy. Total denial of benefits.

Parkes v. Covenant Transport/Gallagher Bassett
Scott B. Miller
JCC Hofstad awards E/C costs of $823.

Carcamo v. Business Representation International/North River Insurance
Robert S. Gluckman
JCC Harnage denied temporary indemnity benefits and an adjustment of the average weekly wage. The Judge found the claimant resigned his employment after being suspended for abandoning his duties. The Judge rejected the Claimant’s testimony that he had performed a job search.

Ford v. Placita Supermarket /USIS
Michael S. Waranch
JCC Portuallo denied benefits to the claimant, finding the Claimant failed to provide notice of the accident. The Judge further found there was no accident in the course and scope of employment. The Judge found the claimant’s testimony lacking credibility, noting conflicts with the testimony of the physicians as to her complaints and limitations. Her testimony also conflicted with co-workers and supervisors. The Judge engaged in a moderately entertaining analysis of why the Claimant, a convicted felon, was less credible than one of the other witnesses, also a convicted felon.

Capps v. Enterprise Rent A Car/Frank Gates
W. Rogers Turner, Jr.
JCC Remsnyder awarded $200 an hour fee related to PTD award. The judge accepted evidence of prior JCC orders in that district awarding $200 an hour, with the most recent order from 2006.

Pruitt v. Southeast Personnel/Packard Claims
Robert S. Gluckman
JCC Medina-Shore denied an adjustment to the average weekly wage and change in primary care physicians. The Judge rejected the Claimant’s assertion that the average weekly wage should be based upon the contract of hire, finding the claimant worked 75% of the usual and customary hours during the 13 weeks preceding the industrial accident. In denying the change of PCP’s, the Judge noted a mediation agreement wherein the carrier agreed to authorize a change. Although this was not done within five days of request, the agreement did not specify the claimant would select and the claimant never did select. The carrier authorized a provider. The Judge awarded a five day period of temporary partial benefits, although there appears to be an absence of medical evidence to support the award. The Judge rejected a misrepresentation defense, finding the claimant’s statements regarding the time periods he worked after the accident were not intentionally false.

Alcazar v. National Employer Services/Southeast Services
Timothy F. Stanton
JCC Spangler denied all temporary benefits sought. The JCC found that the claimant's combination of Unemployment Benefits and TPD exceeded what he was owed, and the claimant has been overpaid $1600.

Escobar v. Frank Crum
Paul L. Luger
Obtained a total denial of benefits.

Iommelli v. Tuttle Electric/Safeco
Robert J. Osburn, Jr.
JCC Beck denied payment of multiple medical bills claimed. The Judge found that the carrier had not denied the medical necessity of the treatment, but instead the issue involved utilization review. Therefore, the issue should be handled through the utilization review procedures and not through workers’ compensation. Of note, the physician in this claim had actually purchased the claimant a one month YMCA membership and purchased $16,000.00 worth of laser therapy equipment in an attempt to benefit the patient. The case does an excellent job spelling out how to set up utilization review as compared to denied care.

Green v. Modern Business Associates/ICA
Gregory D. White
JCC Hofstad awarded hand therapy based on the EMA opinions, finding no clear and convincing evidence to the contrary. However, the Judge denied all requested indemnity. The claimant was incarcerated post accident and secured employment immediately upon release. On that application he asserted he could lift whatever the job required. He worked that job for two months, quit without notice and did not work thereafter. The JCC agreed that there was no causal connection between the accident and any loss of income.

Van Der Borg v. Duamex/Hortica
Rex A. Hurley
JCC Medina-Shore issued a total denial of claims for compensability, temporary and PTD benefits and medical benefits including attendant care. The JCC agreed that the owner/officer of the corporation was not covered under the employer’s WC policy. She agreed the carrier did not collect premium on the claimant’s alleged wages, nor did they know of the sale of the company, as the claimant alleged alternatively he was performing work for the successor company as an employee. The JCC rejected the claimant’s testimony as incredible re: prior injuries, reporting to the ER and initial treating doctors about his current injury, and other aspects of the claim, noting his story changed depending on the benefits he was seeking.

Calvay v. Frank Crum
Dominic Locigno
JCC Lewis denied bifurcated compensability issue. The JCC weighed testimony of the employer and the claimant regarding alleged notice of the case. The E/C also sent the claimant to an IME, who reviewed pre and post date of accident medical records, and testified the claimant’s reports of onset of symptoms to him conflicted with the medical records.

Baranovic v. Employee Leasing Solutions/Americhase
Gregory D. White
JCC Harris denied all benefits to claimant whom she determined was not credible. The judge determined the claimant’s prior cervical surgery and significant ongoing treatment was at odds with his statements to doctors and in deposition. Additionally, she noted the claimant’s presentation on surveillance exceeded his reports of his capabilities to physicians. She did not rule on the E/C fraud defense, despite apparent ample evidence.

Alcazar v. Southeast Personnel/Packard Claims
Anthony M. Amelio
JCC Lewis awarded fees to be paid to the carrier by the claimant attorney of over $4300, as a sanction for maintaining a frivolous action. The JCC considered several other prior fee sanction orders against the same claimant attorney, noting the sanction was necessary to deter further similar conduct.

Gordillo v. Frank Crum & Frank Winston Crum Ins.
Dominic C. Locigno
JCC Pecko granted employer/carrier’s Motion to Enforce and dismissed all Petitions for Benefits with prejudice against Claimant. The Judge accepted the testimony of Claimant’s prior counsel that he had informed the Claimant of the specific terms of the settlement. This testimony was supported by written documentation advising the Claimant what he would receive. The Judge rejected the Claimant’s deposition testimony that he never authorized a settlement and was unsure of the terms of the agreement, noting that the Claimant’s testimony was inconsistent. The Judge discharged a Show Cause Order entered against the Claimant for failing to attend the hearing, after receiving a letter stating the Claimant had overslept because he had been up all night because of pain, but mildly scolds the claimant in a footnote for not making arrangements to make sure he woke up for an evidentiary hearing.

Edmond v. Oslo Citrus Growers/FFVA Mutual Insurance
Anthony M. Amelio
JCC Terlizesse denied all claims to unrepresented claimant. The Judge found the claimant made material misrepresentations regarding her past medical condition and history.

LeCount v. Employee Leasing Solutions/East Guard Insurance Group
Gregory D. White
JCC Portuallo denied all benefits to claimant based on misrepresentation. The JCC excerpts several passages from the claimant deposition that effectively committed the claimant to his testimony that he never had prior low back or hip problems. The prior medical records clearly indicated otherwise, and the Judge rejected assertions by the claimant that such inconsistencies were the result of mistake or forgetfulness.

Wimberly v. Winn Dixie/Sedgwick CMS
Derrick E. Cox
JCC Hofstad denied authorization of all medical care requested by the claimant as it was barred by the doctrine of res judicata. However, the Judge did find the carrier responsible for provision of a splint which the carrier had already paid for, prior to the filing of the Petition for Benefits. The Judge rejected the carrier’s argument that the splint was paid for in error and barred by the statute of limitations, noting that initially the splint was denied and then paid for.

Jones v. Burger King/Sedgwick CMS
William H. Rogner
JCC Terlizzese found the claimant did not sustain an injury by accident in the course and scope of employment. The Judge ordered the claimant to pay for an EMA with Dr. Stolzer, following the claimant’s “notice” or suggestion of conflict. The EMA found no injury, disability or impairment. The Judge further rejected the claimant’s contention that the ER records following the slip and fall contained objective medical findings, holding they contained only subjective complaints and treatment plans.

Lamarre v. Lake Bennett Health & Rehab/Premier Group Insurance
W. Rogers Turner, Jr.
JCC Farrell awards minimal period of TP. The judge awarded approximately $536 in TP during a partial period where the claimant remained employed at the employer, but with restrictions. The judge accepted her testimony that her reduced hours were due to the work injury over the employer’s testimony that the claimant could have worked as many hours as she wanted. The judge rejected the E/C defense that the claimant’s termination was for “misconduct”, finding her merely a poor employee. The judge did, however, accept the E/C voluntary limitation of income defense, finding that the MCC of her wage loss post termination was not the restrictions from the accident. The claimant admitted some work within her restrictions that actually paid more after termination, and she testified no doctor had instructed her not to continue to do that job.

Knight v. Employee Leasing Solutions/Americhase
Gregory D. White
JCC Lorenzen denied temporary indemnity benefits to claimant, finding that he remained at MMI until he could undergo a recommended surgery. The Claimant had surgery to foot with hardware. He was placed at MMI after the surgery. He saw other physicians and another surgery was recommended. There was a dispute with the hospital refusing to accept fee schedule to perform the surgery, so other physicians were authorized. The Claimant was to quit smoking for a month before the surgery would be performed. The Claimant had only quit for two weeks at the time of the trial. As the Claimant was not improving, and would not be until the surgery, the Judge found the Claimant remained at MMI until the surgery actually took place.

Martinez v. Conco, Inc./Amerisure
Anthony M. Amelio
JCC McAliley judge denied the claim based on a lack of medical evidence. Previously, the judge had also ruled that while the claimant was not compelled to answer questions about an allegedly false SS#, such refusal created a rebuttable presumption that the SS# was used to obtain benefits.

Baranovic v. Employee Leasing Solutions/The Guard/Americhase
Gregory D. White
JCC Harris denied claims for TP and authorization of a neurosurgeon in an abbreviated order.

Socorro v. Southeast Personnel/Packard Claims
Jonathan L. Cooley
JCC Spangler denied approximately eleven months of temporary benefits to claimant. Following the accident, the claimant continued to work for a period of time until terminated. The circumstances of her termination were disputed, but the judge accepted the employer’s version of events. The judge found the loss of income post termination was not related to the industrial accident

Bray v. City of Coconut Creek/Employer's Mutual Inc.
Geoffrey Curreri
Total denial of compensability JCC Lewis found the claimant to be incredible, noting multiple inconsistencies. The judge rejected the claimant explanations for deposition testimony contrary to his trial testimony (that the E/C attorney was trying to “confuse his mind”). The judge also noted that the E/C attorney reminded the claimant that he was under oath and was subject to the penalties of perjury. Based upon the denial of compensability, the judge found it unnecessary to rule on the fraud defense.

Whitmore v. FPL/Helmsman Management Services, Inc.
Allison M. Twombly
JCC Sturgis reduced attorney’s claimed hours, and accepted E/C’s evidence of $200 per hour for appellate fee, versus the $300 per hour sought by the claimant attorney.

Moya v. Trucks & Parts of Tampa, Inc./Ameritrust
Gregory D. White
Judge Jenkins denied authorization of psychiatric care. In doing so, the Judge rejected the employer/carrier’s res judicata defense, but found the industrial accident was not the major contributing cause of the Claimant’s psychiatric condition. The Judge accepted the opinion of the Carrier’s IME over that of the Claimant’s IME, as the Claimant’s IME only relied on records of an unauthorized provider (which were not admitted into evidence) and rendered no real opinion of his own.

Vences v. Employer Leasing Solutions/Americhase Services
Gregory D. White
JCC Portuallo denied benefits based on false SS#. Claimant gave a false SS# to authorized medical providers. The JCC discussed the claimant’s responsibility to be truthful, and found the E/C proved he did so to obtain WC benefits.

Wimberly v. Winn Dixie/Sedgwick Claims
Derrick E. Cox
JCC Hofstad awarded carrier costs as the carrier was the prevailing party, but struck the cost of the EMA finding the statute governing payment of the cost of EMA is more specific and controls over the more generic prevailing party costs provisions.

Baxley v. Apalachee Correctional Inst./Division of Risk Management
Julie C. Bixler
JCC Lazzara denied electrodiagnostic studies as well as a physical therapy, a walker and a shower chair. The Judge found that the accident from over five years ago was not the major contributing cause of the claimant’s current need for treatment. Additionally, in denying the electrodiagnostic studies, the Judge found that while they might show whether the claimant had nerve involvement, they would not be able to demonstrate a causal relationship. The case outlines how “medical necessity” based upon the carrier’s failure to timely respond does not eliminate Claimant’s burden on major contributing cause.

Kuchta v. Tradesmen International/Specialty Risk Services
Paul L. Westcott
JCC MacAliley denied all benefits to the claimant. The claimant offered multiple versions of how his elbow problems began, and offered multiple dates as to when it might have happened. The claimant also alleged repetitive trauma. Referring to the claimant’s relation of events to a doctor several days after and alleged event as an “epiphany”, the JCC found the versions of events incredible, and noted the claimant had failed to sustain his burden to prove entitlement to any benefits.

Alcazar v. Southeast Personnel/Packard Claims Administration
Anthony M. Amelio
JCC Lewis awarded fees and costs (amount to be determined later) against the claimant attorney. The JCC had previously denied compensability following a merit hearing in November of ’07, The claimant then filed a new PFB in January of ‘08, seeking a determination of compensability. This was denied as well in May of 2008, and the claimant appealed that ruling. That appeal was denied by the First DCA. The judge awarded fees and costs as a sanction under F.S. §440.32(1), finding the PFB was filed without reasonable grounds. The JCC rejected the claimant’s arguments that the PFB was not barred by res judicata (the basis of the May ’08 denial of the PFB). The judge also rejected the claimant’s arguments that second attempt to litigate the compensability, (allegedly based upon “new medical evidence), was not proper.

Peavy v. Zenith
Robert J. Osburn
JCC Murphy denied all benefits based on misrepresentation defense. Claimant made multiple, significant misrepresentations including denying complaints nearly identical to those allegedly related to comp claim, despite having treatment only weeks prior to the accident.

Clark v. Southeast Personnel/Packard Claims
Jonathan Cooley
Judge denied authorization of cervical disc replacement surgery and/or fusion finding same not medically necessary but awarded temporary indemnity from d/a forward. The Judge does not really address the major contributing cause argument as it related to the surgery, but in awarding temporary indemnity noted it is inconsistent that the carrier has continued to provide some benefits but defends others on the grounds of major contributing cause. JCC rejects apportionment defense.

Pla v. Point Blank/MDC Products & Sentry Claims
Gregory D. White
JCC denies request for continued authorization of Dr. Roberts and the request for an alternative doctor raised for the first time at trial. Claimant, via PFB requests continued authorization of Dr. Roberts, the pcp. Dr. Roberts had retired. At first, Claimant is advised to go to clinic that purchased Dr. Robert’s practice. However, it appears as though the Claimant had previously treated with the physician of that clinic before using her one time change to Dr. Roberts. A different clinic is authorized several months later. Claimant argues since E/C did not provide new physician within five days of learning Dr. Roberts retired, they should get to choose. JCC rejects argument as Claimant had already had one time change and no evidence of a written request for an alternative was admitted.

Koifman v. Ameritech/Providence Property Casualty
Zalman Linder
JCC denies temporary partial disability benefits finding claimant failed to establish with medical evidence that loss of earnings was caused by the industrial accident. JCC further finds that Claimant was terminated for misconduct, specifically failing to perform at least three jobs to code and when confronting his employer about payroll concerns, threatening to “shoot up the place.” Claimant also didn’t return DWC-19’s. Claimant’s last minute efforts to obtain continuance was denied. Had claimant timely tried to line up an IME, they would have realized that the one they chose, Dr. Stone wanted a total of more than $1,800 dollars and could have timely lined up an alternative.

McNatt V. Brevard County/PGCS
Derrick E. Cox
JCC awards costs in the amount of $3,231.44 to E/C based on prior order denying compensability. Rejects Claimant’s counsel’s argument that deposition costs are not awardable to E/C per s. 440.30.

Linares v. Southeast Personnel/Packard Claims
Robert S. Gluckman
Total denial of benefits; JCC finds claimant refused to take drug test; further finds claimant made false and misleading statement re. his prior drug use, which was made for the purpose of obtaining benefits

Ruiz v. Camayen Cattle Company and Crum & Forster
Anthony M. Amelio
JCC McAliley – Total denial of compensability for injuries allegedly caused by repetitive trauma of riding a tractor; claimant fails to sustain burden; JCC accepts medical opinions that claimant’s post polio syndrome explains all of conditions

Mulgrew v. Labor Finders and The Hartford
Anthony M. Amelio
JCC McAliley - Case denying compensability of alleged foot injury from same accident as compensable wrist injury; JCC notes numerous inconsistencies in claimant’s testimony, calling his recollection of events “untrustworthy, even puzzling”

McNatt v. Brevard County & Preferred Governmental Claims
Derrick E. Cox
JCC Terlizesse – Total denial of presumption case; finds no occupational cause; accepts opinions of Kakaar over Mathias; finds Mathias opinion lacked sufficient foundation and was not based on all the facts

Thompson v. First Financial Employee Leasing/Unisource
Gregory D. White
JCC Condry – GDW total winner; rejects claimant’s testimony, considering multiple inconsistencies re: actual DOA, alleged reporting and other issues.

Monroy v. ASP Framing/Usis & GM Group Const./FCIC
Rex Hurley
JCC Sculco - Obtains ruling that GM/FCIC not the claimant's employer, July 15, 2008

Campos v. S.E. Personnel Leasing/Lion Insurance/Packard Claims
Anthony M. Amelio
JCC Harnage - Total denial of benefits based upon evidence of claimant's multiple misrepresentations regarding prior lumbar injuries to authorized physicians and in deposition

Harrison v. Coronet Industries/U.S. Fire and Casualty
William H. Rogner
JCC Jenkins - Total denial of compensability for alleged cardio-pulmonary disease and cervical injuries.

Jackson v. VNA of Treasure Coast/FCCI
Anthony M. Amelio
JCC denies claim for compensability of low back injury and associated medical treatment; finds claimant failed to sustain her burden to prove causal relationship

Chamness v. Cargill/SRS
Michael S. Waranch
JCC Sculco - total denial based on misrepresentation; claimant questioned extensively in depo re. gym membership and working out; claimant denied; requested errata sheet which initially did not correspond to correct page numbers; two months later changed some but not all answers concerning gym memberships and working out; JCC finds errata sheet does not make initial answers disappear; rejects claimant explanations that he did not understand questions and that Vicodin clouded his mind;

Paulding v. Brooksville Healthcare/Premier Group Ins.
W. Rogers Turner, Jr.
JCC Murphy – total denial of benefits; JCC finds claimant misrepresented her prior condition and medical history for the purpose of obtaining benefits.

Burgess v. Buckhead Beef/Sentry Ins. Co.
Gregory D. White
JCC Terlizzise – total denial of ongoing benefits; JCC denies claimant's attempts to have doctors testify by phone; denies attempts to offer unauthenticated records into evidence; rejects claimant’s lack of recall re. pre-injury permanent restrictions assigned by Dr. Martinez; Martinez emphatically testified those restrictions were personally communicated to claimant

Lewis v. Employee Leasing Solutions / ICA
Gregory D. White
JCC Thurman – denies all futher benefits based on claimant’s adamant denial of prior low back pain or problems, which was false, fraudulent and misleading in light of evidence to the contrary.

Wimberly v. Winn Dixie
Derrick E. Cox
Petition for Benefits dismissed and denied for compensability of subsequent alleged accident, repetitive trauma, and medical treatment.

Alcazar v. Southeast Personnel Leasing, Inc.
Anthony M. Amelio
Claimant failed to present competent substantial evidence proving causal connection between claimant's employment to alleged injuries.

Auman v. Spectrum HR
Gregory D. White
Claimant had separate IA’s to separate body parts and sought 104 weeks for each injury, although disabilities ran concurrently. JCC awarded disability in addition to 104 weeks, but declined to rule that each injury resulted in additional potential 104 weeks.

Richards v. One Eleven Grill Inc/Zenith Insurance
Matthew W. Bennett
JCC found, based upon medical testimony that Major Contributing Cause of claimant's back condition was pre-existing, denied further benefits

Braun, Mark v Brevard County Board of Commissioners
Derrick Cox
Judge Terlizzese denied treatment, bills, mileage and further treatment for claimant’s back condition

Pearson v. Gevity HR
Robert S. Gluckman, Esq.
JCC denies compensability of treatment for knee condition finding Major Contributing Cause of need for treatment to be underlying, unrelated avascular necrosis; denies temporary benefits, attorney fees and costs.

Brown v. Velda Farms, Inc.
W. Rogers Turner, Jr. & Matthew W. Bennett
Employer/Carrier awarded full amount of net tort recovery from third party lien

Cooper v. Discount Auto Parts, Inc.
Andrew R. Borah
Denial of Psychiatric Care

Hernandez v. First Financial Employee Leasing
Andrew R. Borah
Motion to stay workers' compensation proceedings denied

Meija v. Prince General Contractor
William H. Rogner
Claim denied based upon false or misleading statements

Rosemary Furek v. Bayonet Point Health and Rehab/Premier Group Insurance
W. Rogers Turner, Jr.
Accident not in the course and scope of employment/ Claim denied based upon false or misleading statements

Annie Bews v. Eckerds/AIG
W. Rogers Turner, Jr.
Permanent total disability benefits denied