Bryan Kerr v. City of Palm Bay

In the Florida workers’ compensation case of Bryan Kerr v. City of Palm Bay, there were three pending motions at the time of the Final Hearing.

With a 33% impairment rating, the claimant advanced a petition for benefits. The employer denied compensation. They used a res judicata defense which was denied by the JCC due to no prior adjudication relating to the accident.

The employer then utilized a notice defense, citing the requirement for an employer to be punctually informed of an injury at the time of an accident. The supervisor of the claimant witnessed their accident, therefore refuting this claim. A third discussion was whether the claimant was entitled to benefits by meeting certain criteria, which they did not due to not sustaining any disability.

An expert medical advisor (EMA) was appointed to deliberate on the final portion of the case; the major contributing cause (MCC) of the claimant’s eye condition. The EMA was given the presumption of correctness that the claimant’s eye condition was a result of high blood pressure preceding their accident. Neither the eye condition or high blood pressure were a result of their work injury.

 

Employer’s defense DENIED

Maximum medical improvement (MMI) established as 06/26/2018

Permanent Partial Impairment (PPI) established at 9%

Authorized medical care for claimant DENIED

Attorney fees DENIED

The 440 Authority

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