FL Case Law Summaries – 10/28/15
BY:
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 and the carrier agreed to authorize Dr. Robla, the claimant did not request a one-time change for an alternative physician under the statute. Therefore, the JCC found de-authorization of Dr. Levitt was improper and both Dr. Levitt and Dr. Robla are deemed authorized to treat the claimant.
Summary: The adjuster testified that authorization of another orthopedic physician was not in response to a request for a one-time change. The JCC found the claimant did not invoke the statute regarding a one-time change and, as such, Dr. Levitt was improperly de-authorized.
The JCC noted that the Employer/Carrier had the option of denying the claimant’s request for authorization of another physician. Under these circumstances, the initial doctor, Dr. Levitt, remains authorized along with the second physician, Dr. Robla.
Rene R. Rodriquez v. Star Board Cruise Services/Charter Oak Fire Insurance Company
JCC Medina-Shore; Miami District; Order Date: October 26, 2015
OJCC Case: 07-020442SMS; D/A: 10/14/2005
Claimant’s Counsel: Albert Marroquin
Employer/Carrier’s Counsel: Kristina Llerena
Briefly: MOTION TO SUBSTITUTE PARTIES (DECEASED CLAIMANT) – JCC Medina-Shore granted the Motion to Substitute Parties and designated a personal representative of the estate of the deceased injured worker.
Summary: Although the Employer/Carrier objected to the substitution of parties on the grounds that it was filed untimely, the JCC found that the time frames for the probate court are not within the control of the representatives of the deceased employee’s estate and that the real party of interest in this case is not the personal representative, but rather the estate of the deceased injured worker.
Ryan C. Gratz v. Pasco County Housing Authority/Patriot Risk Services
JCC Rosen; St. Petersburg District; Order Date: October 26, 2015
OJCC Case: 15-010242SLR; D/A: 12/27/2013
Claimant’s Counsel: T. Lee Bodie
Employer/Carrier’s Counsel: Ya’Sheaka Campbell Williams
Briefly: MAJOR CONTRIBUTING CAUSE – JCC Rosen found the claimant met his burden of proving causal relationship of the need for surgery.
Summary: The JCC found that, although the Employer/Carrier eloquently argued a contrary interpretation of the medical evidence, the greater weight and preponderance of evidence supported the claims for preoperative testing and surgeries. The JCC rejected the Employer/Carrier’s argument and noted that the testimony of Dr. Cronen, the Employer/Carrier’s IME physician, was based on possibilities with regard to the claimant’s back pain, but was not supported by the facts of the case.