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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
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
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

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