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Latest Stories from FL Legal Updates

FL Tip of the Week: Evals only and Diagnostic Testing

I was at the JCC’s office yesterday and one of the Orlando Judges was telling me about a case of his that was just heard before the 1st DCA regarding evaluations and diagnostic testing recommended by the treater.  This case involved a shoulder injury, and then subsequently, a referral for an MRI of the neck […]

FL Case Law Summaries – 1/19/16

BY:     Thomas G. Portuallo JCC ORDERS Aurelio Lawrence v. American Airlines/Sedgwick CMS JCC Massey; Tampa District; Order Date: January 15, 2016   OJCC Case: 13-016086MAM; D/A: 12/28/2012 Claimant’s Counsel: Toni Villaverde Employer/Carrier’s Counsel: Robert Donahue Briefly: TTD; TPD – JCC Massey denied the claims for temporary total and temporary partial disability due to a […]

FL Case Law Summaries – 1/18/16

By:     Thomas G. Portuallo JCC ORDERS Kathleen Cochran v. Hess Retail Operations/York Risk Services Group JCC Dietz; Sebastian-Melbourne District; Order Date: January 14, 2016          OJCC Case: 15-012944RLD; D/A: 4/16/2015 Claimant’s Counsel: Samuel S. Henderson Employer/Carrier’s Counsel: Theodore M. Goldstein Briefly: NO ACCIDENT; IDIOPATHIC CONDITION – JCC Dietz determined the claimant had a compensable […]

FL Case Law Summaries – 1/13/16

BY:     Thomas G. Portuallo JCC ORDERS Byron Molina-Rios v. NFI Transportation/Zurich American Insurance Company JCC Massey; Tampa District; Order Date: January 11, 2016   OJCC Case: 14-012638MAM; D/A: 4/11/2014 Claimant’s Counsel: David Benn Employer/Carrier’s Counsel: Joanne Prescott Briefly: ALTERNATIVE IME – JCC Massey denied the claimant’s request for an alternative psychiatric IME and found […]

FL Case Law Summaries – 1/12/16

BY:       Thomas G. Portuallo JCC ORDERS Daniel Lavine v. S.O.I./Hartford/CCMSI JCC Sculco; Orlando District; Order Date: January 8, 2016     OJCC Case: 14-023632TWS; D/A: 6/12/2013 Claimant’s Counsel: Michael J. MacDonald Employer/Carrier’s Counsel: Gina M. Jacobs Briefly: MISREPRESENTATION DEFENSE – JCC Sculco denied the Employer/Carrier’s misrepresentation defense and found the claimant did not knowingly […]

FL Case Law Summaries – 1/11/16

BY:   Thomas G. Portuallo   JCC ORDERS Danny Rogers v. Gateway Farms LLC, Get Up & Go,  David Hajos JCC Hill; Gainesville District; Order Date: January 6, 2016      OJCC Case: 15-016938MRH; D/A: 3/21/2015 Claimant’s Counsel: Dean Burnetti Employer/Carrier’s Counsel: Pro se Briefly: EMPLOYEE/EMPLOYER RELATIONSHIP; NOTICE OF INJURY –  JCC Hill found that an employer/employee […]

Morgan’s Tip of the Week: Prevailing Party Costs

  BY:  Morgan Indek | Partner On 12/28/15, the 1st DCA issued a bad ruling in Jennings v. Habana Health Care Center (1D15-1255) basically exposing the Employer /Carrier to pay costs even if the PFB is responded to timely and there are no attorney fees due or owing. (case attached) In this case, the claimant […]

FL Tip of the Week: Florida Supreme Court denies to hear Padgett

Greetings and happy new year! To start the year off on a good note, on 12/22/15 the Fla Supreme Court declined the plaintiff/claimant’s motion to accept jurisdiction to hear the appeal of the 3rd DCA’s decision to overturn the Circuit Court decision which found that WC was not the exclusive remedy.  This is in effect […]

FL Tip of the Week: DOAH Annual Stats

Greetings, Happy holidays!   If any of you are looking for something to curl up and read by the fire over the holidays, DOAH has published their annual report.  Here is a link, but don’t print, its over 250 pages. https://www.fljcc.org/jcc/files/reports/2015AnnualReport/Index.html It has lots of data and statistics about each venue and the overall Florida WC […]

FL Case Law Summaries – 12/3/15

BY: Thomas G. Portuallo JCC ORDERS Jason A. Muller Crespo v. A&D Constructors, Inc./Charter Oak Fire Insurance Company JCC Condry; Orlando District; Order Date: November 30 , 2015         OJCC Case: 14-026365WJC; D/A: 10/20/2014 Claimant’s Counsel: Tony C. Francis Employer/Carrier’s Counsel: Justin R. Crum Briefly: MISREPRESENTATION DEFENSE – JCC Condry found the claimant violated F.S. §440.09(4) […]