FL Cases Law Summaries – 12/30/15
By:
1ST DCA ORDERS
Kathy Jennings v. Habana Health Care Center/Gallagher Bassett Services, Inc.
Appeal of the Order from JCC Jenkins
DCA Order Date: December 28, 2015
Case: 1D15-1749; D/A: 9/1/2014
Appellant’s Counsel: William H. McKnight
Appellee’s Counsel: James M. Hess
Briefly: TAXABLE COSTS – The 1st DCA reversed JCC Jenkins and held that F.S. §440.34(3) provides that the prevailing party is entitled to reasonable costs and does not require a waiting period under F.S. §440.192(8) of fourteen days or under F.S. §440.34(3) of thirty days.
Summary: The DCA distinguished an award of entitlement to attorney’s fee from taxable costs and held that, although a Carrier’s timely response to a Petition for Benefits may be relevant to a claimant’s right to recover attorney’s fees, entitlement to costs is distinct from attorney’s fees. The DCA specifically held that, “Whether benefits are timely furnished, either under subsection §440.192(8) or under subsection §440.34(3), is irrelevant on the separate question of whether a party prevails, entitling the party to costs.”
JCC ORDERS
Timothy Becker v. Dow Company/Broadspire
JCC Hill; Miami District; Order Date: December 28, 2015
OJCC Case: 82-000399CMH; D/A: 10/21/1982
Claimant’s Counsel: Stephen Wilson
Employer/Carrier’s Counsel: Jennifer L. Hodges
Briefly: AUTHORIZATION OF MEDICAL TREATMENT – JCC Hill ordered the Employer/Carrier to authorize pain management services of Dr. Jon J. Ehrich, D.O., and to authorize a psychiatric evaluation as recommended by Dr. Ehrich.
Summary: The JCC found that the Employer/Carrier was sufficiently apprised upon receipt of the Petition for Benefits of the claimant’s desire to have Dr. Ehrich provide palliative care for his compensable injuries. The JCC found that the Employer/Carrier’s payment of Dr. Ehrich’s bills, both before and after the receipt of the Petition for Benefits, amounted to tacit authorization of Dr. Ehrich and his treatments. The JCC noted that the adjuster testified that no Notices of Denial were issued regarding treatment with Dr. Ehrich or receipt of his bills, and that various payments were made by the Carrier to Dr. Ehrich for his prescriptions.
The JCC noted that Dr. Ehrich provided the only expert medical testimony at hearing. The JCC determined that the claimant’s best interests are served by Dr. Ehrich’s treatment and that the claimant established good and sufficient cause to warrant a change in authorized physicians from the prior authorized physician, Dr. Waden Emery, M.D., neurologist, to Dr. Ehrich.
The JCC also found that Dr. Ehrich opined that the claimant needs psychiatric support and that, again, Dr. Ehrich’s opinion in this case is not contradicted.
Nick Grosvenor v. Restore One Corporate, LLC/Technology Insurance Company
JCC Rosen; St. Petersburg District; Order Date: December 28, 2015
OJCC Case: 15-022423SLR; D/A: 8/30/2015
Carrier’s Counsel: Michael D. Kiner
Briefly: COVERAGE – JCC Rosen granted the Carrier’s Motion for Summary Final Order and found that no coverage existed with AmTrust North America of Florida for this Employer for the alleged date of accident.
Summary: The JCC noted the only evidence provided by a party was the affidavit of the adjuster that the Carrier had no coverage for this alleged date of accident and that this evidence was unrefuted. The JCC explained that all reasonable inferences were drawn in favor of the party opposing the Summary Final Order, but still granted the Motion and found no coverage was provided by the Carrier.