By: Marcus Rodriguez, Associate, Orlando Knowing how to effectively finalize a settlement with a pro se claimant is an essential skill that decreases workers’ compensation litigation costs. Under Fla. Stat. 440.20(11), when a settlement agreement is reached with an unrepresented claimant, the claimant may appear before the JCC for a washout hearing. This is where […]
By: Sean O’Neil, Associate, Jacksonville When used effectively, Fla. Stat. 440.20(4), better known as the 120 day “pay and investigate rule,” is a fantastic tool adjusters can employ when confronted with adverse, complex or unknown facts. This article will serve as a guidepost to help the informed adjuster navigate 440.20(4) to arrive at an educated […]
By: Betsy Campo, Partner, Gainesville I sprung my back. Woke up this mornin’ and I was all stoved up. Didn’t do no shade tree mechanicin’ over the weekend. This pain is wors’n when I tore my rotor cup that one time. The doctor gimme some inflammatories. I might could go back there if workmans comp […]
BY: Thomas G. Portuallo JCC Orders Irma Zamuria v. American Airlines/Sedgwick CMS JCC Medina-Shore; Miami District; Order Date: October 26, 2015 OJCC Case: 10-010327CMH; D/A: 12/9/2008 Claimant’s Counsel: Toni Villaverde Employer/Carrier’s Counsel: Georgia Higgins Briefly: ONE-TIME CHANGE – JCC Medina-Shore found that, although the claimant requested to treat with another physician other than Dr. Levitt […]
Greetings, I have had several recent questions about whether the Employer/Carrier has to provide treatment for unrelated personal health conditions necessary to treat the work related injury, the old hindrance to recovery theory. We often see this with a claimant being unable to undergo a surgery due to unrelated cardiac or diabetic issues. Arguably the […]
By: Thomas G. Portuallo JCC Orders W.H. Roger Paramore v. W. G. Yates and Sons Construction/Travelers JCC Lazzara; Tallahassee District; Order Date: October 14, 2015 OJCC Case: 15-015374JJL; D/A: 7/18/2013 Claimant’s Counsel: Pro se; formerly Henry Mowry Carrier’s Counsel: Jennifer S. Haley-Gleason Briefly: ATTORNEY’S FEES – JCC Lazzara granted in part the Motion for Approval […]
This week, the Florida Supreme Court agreed to hear the claimant’s appeal in the case of Stahl v. Hialeah Hospital, a challenge to the constitutionality of the Fla WC statute. The Fla Supreme Court’s decision to hear the case was discretionary, meaning they voluntary agreed to hear it. The claimant was seeking Permanent Partial Disability […]
By: Thomas G. Portuallo JCC Orders Edward Suhling v. Silverline Plastics/Travelers Insurance Company JCC McAliley; Port St. Lucie District; Order Date: October 13, 2015 OJCC Case: 14-012110RDM; D/A: 4/23/2014 Claimant’s Counsel: Michael J. Celeste Carrier’s Counsel: Thomas H. McDonald Briefly: MOTION FOR FINAL SUMMARY ORDER – JCC McAliley denied the Motion for Summary […]
By: Thomas G. Portuallo JCC Orders Julie Goddard for Humberto Juarez v. Quality Roofing Inc./FRSA Self-Insurers Fund, Inc. JCC Lorenzen; Tampa District; Order Date: October 12, 2015 OJCC Case: 14-016962EHL; D/A: 7/24/2014 Claimant’s Counsel: Michael J. Winer Carrier’s Counsel: Katherine G. Letzter Briefly: GUARDIAN’S FEE – JCC Lorenzen ordered the Employer/Carrier […]
By: Thomas G. Portuallo JCC Orders Juan Espinosa v. FrankCrum/Broadspire JCC Medina-Shore; Miami District; Order Date: October 9, 2015 OJCC Case: 15-006791SNS; D/A: 12/12/2012 Briefly: WILLFUL INTENTION TO INJURE ONE’S SELF– JCC Medina-Shore dismissed all Petitions for Benefits with prejudice finding the claimant’s accident’s and injuries are not compensable under […]