BY: Thomas G. Portuallo JCC ORDERS Guadalupe E. Urquiza v. Hillsborough County School Board/Broadspire JCC Massey; Tampa District; Order Date: December 2, 2015 OJCC Case: 14-023035MAM; D/A: 10/7/2013 Claimant’s Counsel: Manuel Franco Employer/Carrier’s Counsel: Debra Metzler Briefly: TEMPORARY PARTIAL DISABILITY; PSYCHIATRIC TREATMENT – JCC Massey denied the claim for temporary partial disability benefits and found […]
By: Thomas G. Portuallo JCC ORDERS Luis Rodriquez v. Demetech Corp./Normandy Harbor Insurance Company JCC Medina-Shore; Miami District; Order Date: November 25, 2015 OJCC Case: 14-028630SMS; D/A: 8/5/2014 Claimant’s Counsel: David Benn Employer/Carrier’s Counsel: Kurt Wirsing Briefly: REHEARING ON ORDER GRANTING CLAIMANT’S MOTION TO SELECT ONE-TIME CHANGE IN PHYSICIAN – JCC Medina-Shore denied […]
November, 2015 Gazette
By: Zachary Kunz, Associate, Atlanta Georgia, unlike many other states, has a statutory procedure that must be strictly adhered to in order to return a claimant to work. It is one of the more frustrating issues in Georgia. In other states, you can simply send a letter to the claimant asking him to return […]
By: Mary Frances Nelson, Partner, Fort Myers In the ever-changing landscape of Florida workers’ compensation, we often see a push by the claimants’ bar to have the benefits pendulum swing back towards them. In a recent Miami decision, the JCC may have helped this to happen. In the case of Luis Rodriguez v. Demetech […]
By: Michael Casto, Associate, Orlando Every now and then I get a question about the minimum compensation rate in Florida. While the dollars may seem insignificant, fines from the state may be much worse if it is not calculated correctly. Additionally, when the Supreme Court makes a decision on claimant attorney fees in the […]
BY: Thomas G. Portuallo 1ST DCA ORDERS Francisco Gobel v. American Airlines/Sedgwick CMS Appeal of the Order from JCC Gerardo Castiello DCA Order Date: November 24, 2015 Case: 1D15-2374; D/A: 7/25/2010 Appellant’s Counsel: Mark L. Zientz & Toni Villaverde Appellee’s Counsel: Clinton C. Lyons Briefly: STIPULATED LITIGATION COSTS – The 1st DCA reversed the JCC’s […]
BY: Thomas G. Portuallo JCC ORDERS Magalie Cauvin v. Baptist Hospital/Johns Eastern Company JCC Massey; Tampa District; Order Date: November 23, 2015 OJCC Case: 14-004873MAM; D/A: 12/16/2013 Claimant’s Counsel: Rene Hidalgo Employer/Carrier’s Counsel: Maria Valdes Briefly: MOTION TO TRANSFER CARE – JCC Massey granted the Employer/Carrier’s Motion to Transfer Care from Dr. Kenneth Hodor to […]
BY: Thomas G. Portuallo JCC ORDERS Kimberly Podvin v. WalMart Stores, Inc./Sedgwick CMS JCC Lorenzen; Tampa District; Order Date: November 20, 2015 OJCC Case: 15-004436EHL; D/A: 1/9/2015 Claimant’s Counsel: Mark Lee Employer/Carrier’s Counsel: Beatriz Justin Briefly: MAJOR CONTRIBUTING CAUSE; MEDICAL NECESSITY – JCC Lorenzen ordered the Employer/Carrier to authorize surgery for the claimant’s low back […]
BY: Thomas G. Portuallo 1ST DCA ORDERS Jose Gomez-Lujano v. Palm Beach Grill-Houston’s Restaurant/Travelers Insurance Appeal of the Order from JCC Punancy DCA Order Date: November 19, 2015 Case: 1D15-670; D/A: 10/31/2001 Appellant’s Counsel: Kimberly A. Hill Appellee’s Counsel: Jerry M. Hayden & Willie B. Ramhofer Briefly: 104-WEEK STATUTORY LIMITATION – The 1st DCA […]