In Erika Kogut v. Achieveability Therapy and Ascendant Claims Services claimant moved to enforce a mediation agreement calling for the E/C authorization of an FCE. E/C responded, asserting they had already complied with the agreement. Neither the motion nor the response was verified and the respective allegations were clearly in conflict. The JCC opted not to consider the substance of the motion or the response, and instead entered the instant order reflecting the terms of the parties’ agreement without making findings concerning compliance.
