KOTLER LAW | Workers Compensation Lawyer

#AuthorizationofMedicalCare

Sandra Warren v. Five Star Senior Living and Broadspire Services, Inc.

In Sandra Warren v. Five Star Senior Living and Broadspire Services, Inc. the E/C accepted compensability of a left knee strain, but denied continuing care following MMI for the exacerbation as not causally related. The parties offered the testimonies of their respective IMEs in support of their positions. Ultimately, the JCC accepted the opinions of …

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Lubomir Richvalsky v. Peoplease LLC and Next Level Administrators, LLC

In Lubomir Richvalsky v. Peoplease LLC and Next Level Administrators, LLC seeking to establish a higher AWW, claimant advanced his claim to have the wages of a similar employee applied in this matter. There was no dispute that claimant had not worked substantially the whole of the 13 weeks prior to the accident. The question …

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Holly M. Trembach v. ERMC II and Gallagher Bassett Services, Inc.

In Holly M. Trembach v. ERMC II and Gallagher Bassett Services, Inc. finding the E/C motion for EMA appointment to be supported by the facts and without objection from the claimant, the JCC GRANTED the motion and appointed an EMA. The parties were instructed to confer and attempt to agree on the selection of an …

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Jeiner Ruiz v. American Logistic Group, LLC and None

In Jeiner Ruiz v. American Logistic Group, LLC and None Uninsured and unrepresented employer made no appearance at final hearing. Defenses had been stricken as a result of the employer’s failure to appear at mediation or respond to a show cause order. Claimant presented his claims for benefits without contest. Accordingly, the JCC GRANTED compensability, …

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Timothy Sharp v. EVO Corporation and Gallagher Bassett Services, Inc.

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 …

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Lorenzo Garcia v. Thomas Produce Company and Zenith Insurance Company

In Lorenzo Garcia v. Thomas Produce Company and Zenith Insurance Company in response to the pending TTD claim, the E/C defended claimant had reached MMI for his compensable rib contusion and the physician imposed “no-work” status was unrelated to the industrial injury. The JCC accepted the medical evidence establishing MMI as of June 2021. He …

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Erika Kogut v. Achieveability Therapy and Ascendant Claims Services

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 …

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Charlene D. Kinley v. Sunrise Community Inc. and PMA Management Corporation

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 …

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Carissa Battle v. Palm Beach County School District and Sedgwick CMS

In Carissa Battle v. Palm Beach County School District and Sedgwick CMS the E/C accepted compensability of claimant’s left foot injury but denied claims related to arm, hand and shoulder injuries. Claimant alleged the knee scooter provided for her foot injury was defective and caused her to fall and injure the disputed body parts. Other …

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