KOTLER LAW | Workers Compensation Lawyer
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 …
Scott Beck v. City of Tallahassee Police Department and City of Tallahassee Read More »
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 …
Ashly Potter v. Winn-Dixie Wine & Spirits and Sedgwick CMS Read More »
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 …
Dominic S. Yacovella Sr. v. Enterprise Holdings and Sedgwick CMS Read More »
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 …
Nakisha Gilliard v. Department of Juvenile Justice and Division of Risk Management Read More »
In Ellenn K. Strong v. Polk County School Board and Johns Eastern Company, Inc. Claimant’s original neurosurgical IME testified that he was not qualified to recommend specific therapies for the Claimant’s spinal cord injury. Claimant conducted a second IME with a physical medicine specialist in connection with a separate petition. The E/C moved to strike, …
Ellenn K. Strong v. Polk County School Board and Johns Eastern Company, Inc. Read More »
In Eduardo Barrera v. Labor Finders and ESIS WC Claims the Claimant filed a Motion for Advance of Compensation Benefits. The claim for determination at the hearing was whether the Claimant is entitled to a $1,000.00 advance. The JCC found that the claimant did meet the entitlement and eligibility requirements for securing an advance for …
Eduardo Barrera v. Labor Finders and ESIS WC Claims Read More »
In Lisa Gregory v. Landry’s d/b/a Chart House – Melbourne and Corvel Corporation the Claimant requested an appointment with an EMA seven days prior to final hearing. E/C argued that the evidence did not show any disagreement in opinion requiring an EMA as Claimant did not submit the E/C IME opinions by way of deposition …
Lisa Gregory v. Landry’s d/b/a Chart House – Melbourne and Corvel Corporation Read More »
In Eduardo Manso v. Southeast Personnel Leasing, Inc. and Packard Claims Administration the Claimant failed to appear for an IME appointment and the E/C seeks 50% reimbursement of the no-show fee. Furthermore, the E/C filed a motion to compel attendance at IME. The JCC found that the Claimant gave proper notice to E/C that he …
Eduardo Manso v. Southeast Personnel Leasing, Inc. and Packard Claims Administration Read More »