| JCC Merits Orders |
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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”
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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
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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.
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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
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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
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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.
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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
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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;
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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.
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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
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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.
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Wimberly v. Winn Dixie
Derrick E. Cox
Petition for Benefits dismissed and denied for compensability of subsequent alleged accident, repetitive trauma, and medical treatment.
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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.
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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.
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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
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Braun, Mark v Brevard County Board of Commissioners
Derrick Cox
Judge Terlizzese denied treatment, bills, mileage and further treatment for claimant’s back condition
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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.
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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
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Cooper v. Discount Auto Parts, Inc.
Andrew R. Borah
Denial of Psychiatric Care
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Hernandez v. First Financial Employee Leasing
Andrew R. Borah
Motion to stay workers' compensation proceedings denied
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Meija v. Prince General Contractor
William H. Rogner
Claim denied based upon false or misleading statements
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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
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Annie Bews v. Eckerds/AIG
W. Rogers Turner, Jr.
Permanent total disability benefits denied
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