In John Laurey v. Hillsborough County Sheriff’s Department and Commercial Risk Management, Inc. Claimant failed to file a timely response to the E/C motion to tax costs and the JCC found simple inadvertence of counsel’s office was not a sufficient basis to support good cause. Accepting the allegations of the verified motion as true and …
In Azahari Chang-Cabrera v. Cal-Ark International and Midwest Employers Casualty Company in 2021 claimant’s former counsel dismissed two petitions, excluding claims for attorney fees and costs. The E/C sought to have those remaining fee claims dismissed for lack of prosecution. Former counsel did not respond to the E/C motion, nor did he appear at the …
Azahari Chang-Cabrera v. Cal-Ark International and Midwest Employers Casualty Company Read More »
In Juan Mendieta Vizcaino v. Cover All Remodeling, Inc. and USIS while the carrier stipulated to the payment of TPD benefits, the JCC struck their defense that the same was contingent upon submission of DWC-19 forms as that defense had not been timely asserted. The JCC further found the carrier suggestion that benefits should be …
Juan Mendieta Vizcaino v. Cover All Remodeling, Inc. and USIS Read More »
In Cynthia Berry v. Lakeland Regional Health Systems, Inc. and Commercial Risk Management, Inc. a final compensation order both granted and denied various benefits. In the instant matter, claimant sought attorney fees for the indemnity benefits secured, which had an agreed value of $43,742.93. After review of the Lee Engineering factors, the JCC determined the …
In Gregory Gardner v. Florida’s Tree Surgeons, Inc. and None prior counsel for the employer had entered various defenses in the pretrial stipulation. However, counsel had withdrawn and no defenses were asserted at final hearing by the unrepresented and uninsured employer. Claimant testified in support of his petition claims. The JCC accepted this uncontroverted testimony …
Gregory Gardner v. Florida’s Tree Surgeons, Inc. and None Read More »
In Timothy Sharp v. EVO Corporation and Gallagher Bassett Services, Inc. Claimant testified at final hearing as to his job duties but was unable to conclusively attribute his pain and later diagnosed inguinal hernia to any specific incident. Based on the record before him, the JCC found no evidence that claimant had sustained an accident …
Timothy Sharp v. EVO Corporation and Gallagher Bassett Services, Inc. Read More »
In Robert Sanchez v. Reedy Creek Improvement District and Commercial Risk Management, Inc. following a final compensation order denying all claimed benefits, the E/C moved to tax costs as prevailing party. Claimant did not file a response to the motion. Consequently, the JCC accepted the allegations of the verified motion as true. Taxable costs ASSESSED …
Robert Sanchez v. Reedy Creek Improvement District and Commercial Risk Management, Inc. Read More »
In Charlene D. Kinley v. Sunrise Community Inc. and PMA Management Corporation Claimant sought authorization for shoulder surgery recommended by the authorized provider. The E/C denied the surgery, claiming the claimant’s work accident was not the major contributing cause of the need for the surgery. Claimant argued she was entitled to authorization of shoulder surgery …
Charlene D. Kinley v. Sunrise Community Inc. and PMA Management Corporation Read More »
In Timothy McCormack v. Manatee County and Commercial Risk Management, Inc. although claimant filed a response to the E/C motion to tax costs as prevailing party, the JCC found the response failed to provide a detailed recitation of the matters disputed other than a general complaint that a cost award would be unfair. The JCC …
Timothy McCormack v. Manatee County and Commercial Risk Management, Inc. Read More »
In Mary Kathleen Lynn v. American Airlines Group and Sedgwick CMS after prevailing on a claim for authorization of a physician, claimant sought payment of attorney fees. Claimant sought $49,770.00 while the E/C suggested a range of $14,225.00 to $17,070.00. The value of benefits secured was $350.00 and the JCC found the statutory fee was …
Mary Kathleen Lynn v. American Airlines Group and Sedgwick CMS Read More »