KOTLER LAW | Workers Compensation Lawyer
In Pamela Vogelar v. Winn-Dixie and Sedgwick CMS Claimant was involved in two accidents and sought treatment for both. The E/C stipulated to compensability but raised an MCC defense. After determining the E/C calculation of AWW was correct, the JCC considered the indemnity claims and defenses and found the medical evidence established the MCC of …
In Tonnette Collier v. The School Board of Miami-Dade County, Fl and Gallagher Bassett Services, Inc. the Claimant suffered a compensable injury when she fell and hit her chest. She was diagnosed with pleural effusion (fluid on hr lungs) which was drained in the hospital. There was a conflict in medical opinions regarding MCC and …
In Jennifer Henry v. E#1: EMS Protective Group, LLC and E/C#2: Monte Carlo of Miami Condominium Assn., Inc./Zenith Insurance Company there were two different E/C’s named. E/C #2 contracted with claimant’s employer (E#1) to provide security services. The employer did not have workers’ compensation covering while the contract was in force and claimant was injured. …
In Evis Cruz v. Pitney Bowes, Inc and Sedgwick CMS Claimant petitioned for PTD benefits based on her work related restrictions and unsuccessful job search. While the JCC found the claimant’s physicians had imposed permanent restrictions, he was not convinced the claimant exhausted all measures in regard to a job search and his 76 applications …
In Enyel Rodriguez v. Tile Design Enterprise, Inc. and Florida Citrus, Business & Industries Fund Claimant submitted two IME’s for review which properly demonstrated a conflict in medical opinions regarding MCC. The JCC concluded the suggestion was timely and GRANTED claimant’s request for EMA appointment, Dr. Chaim Ardosoroff, orthopedic surgeon, appointment as EMA in this …
In Rinst Joseph v. Market Refrigeration, Inc. and Zenith Insurance Company Claimant petitioned for a 2k advance. The JCC found that the claimant met the entitlement and eligibility requirements for a 2k advance. Claimant’s motion for advance GRANTED.
In Noelia Gonzalez v. Toria’s Support Care Services, Inc, and None the uninsured and unrepresented employer failed to appear at final hearing. The employer refused to appear at any of the scheduled events in this matter and a prior JCC had stricken all defenses. The prior JCC had also awarded benefits in an FCO following …
Noelia Gonzalez v. Toria’s Support Care Services, Inc. and None Read More »
In Adainelys Gallardo v. A D 1 Management, Inc d/b/a A D 1 Global and Bridgefield Casualty Insurance Company the JCC found that the claimant had made numerous misstatements concerning her prior medical care and treatment in deposition. However, he found that she was a credible witness and did not knowingly and intentionally make false …
In Alberto Escobar v. Sunlight Windows, Inc. and US Administrator Claims the accident and injuries were originally accepted as compensable and the claimant was paid indemnity and provided medical benefits. The E/C then secured surveillance footage which showed the Claimant engaged in physical activities which were contrary to his representations in deposition. The unrepresented claimant …
Alberto Escobar v. Sunlight Windows, Inc. and US Administrator Claims Read More »
In Khari Johnson v. Adecco Employment Services and Sedgwick CMS the claimant requested a $2,000 advance. The JCC found claimant was a proper claimant, but ultimately concluded there was no proof that claimant’s current financial needs were due to the effects of the workplace accident. Without proper evidence of “plausible nexus” the JCC DENIED the …
Khari Johnson v. Adecco Employment Services and Sedgwick CMS Read More »