In Jeffrey Johnson v. Hillsborough County Sheriff’s Department and Commercial Risk Management, Inc. following the denial of petition requested benefits at both the trial and appellate levels, the E/C sought to recover their litigation defense costs. There was no dispute the E/C was prevailing party. The total amount demanded was $2,191.28, but $800 for IME …
In Conrado Aviles v. Howard Leasing, Inc. and Sunz Insurance, Next Level Administrators, LLC the E/C moved for appointment of an EMA, suggesting conflict in the opinions of the medical providers concerning the diagnosis of claimant’s conditions and the MCC of the same. The JCC observed the evidence submitted demonstrated a clear conflict in opinions …
In Patricia Mikulan v. Drug Abuse Foundation of Palm Beach County, Inc. and PMA Management Corporation Outstanding medical bills for unauthorized care were the focus of this litigation. Because there was no dispute the requested bills and medication reimbursement originated with unauthorized providers, the JCC reviewed the evidence to determine whether the subject medical constituted …
In Cloris Vazquez v. City of Miami Beach and Corvel Corporation Claimant filed a notice of EMA conflict, suggesting the previously appointed EMA had a conflict of interest and an alternate expert should be assigned. The asserted bases for the conflict were that (1) counsel for claimant had prior contact with the appointed expert and …
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In Daniel O’Neill, Jr. v. Triumph Aerostructures Vought Aircraft Division and Liberty Mutual Insurance the E/C denied the entire claim, asserting no causal relationship to claimant’s employment. Claimant requested appointment of an EMA based upon the conflicting opinions of the IME providers regarding MCC. Finding the requisite medical disagreement was present, the JCC GRANTED claimant’s …
In Scott Beck v. City of Tallahassee Police Department and City of Tallahassee Claimant filed a notice of medical conflict regarding the issue of a permanent impairment rating. The E/C disputed that such conflict was present. Upon review of the submitted deposition testimonies, the JCC found the medical opinions were in disagreement and appointment of …
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In Ashly Potter v. Winn-Dixie Wine & Spirits and Sedgwick CMS the E/C moved for an alternate provider suggesting that their original IME provider had refused to provide an updated evaluation. Claimant asserted the E/C had utilized their IME and were not entitled to another. The JCC determined that the doctor’s refusal to schedule an …
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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 Dominic S. Yacovella Sr. v. Enterprise Holdings and Sedgwick CMS E/C filed a motion to tax costs, Claimant objected to two $250 doctor conference fees. The JCC found the pre-IME conference was appropriate to the defense of the matter while the post-IME conference was not and was merely duplicative. Taxable costs ASSESSED against claimant …
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In Nakisha Gilliard v. Department of Juvenile Justice and Division of Risk Management Claimant moved for a $2,000.00 advance for payment of an IME. No evidence was presented to show the cost of the IME so the JCC DENIED Claimant’s request for a $2,000.00 advance. Claimant appealed, but voluntarily dismissed the appeal prior to court …
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