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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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) […]
This is the week we don’t give thanks for the 1st DCA’s decisions regarding one-time changes. Every Wednesday before Thanksgiving, as sure as the black Friday crowds, you can count on some claimant attorney’s trying to slide a request for a 1-time change by an E/C so they can choose the doctor. Anything date stamped […]
Greetings, last week the 1st DCA issued a ruling in Frankel v. Loxahatchee Club, Inc. (1D15-1289), regarding apportionment (440.15(5)(b)). Click HERE for Frankel case. The E/C argued that they only needed to pay 55% of the claimant’s arthroscopic shoulder surgery, because the treater said 25% was due to preexisting condition and 20% was due to degenerative […]