#OTC Archives - KOTLER LAW | Work Injury Lawyer

JCC – Compensation Orders Fernada Hurst v. L.R.G. Transportation & Storage, Inc., America’s Back Office, Inc., Amergo Enterprises, Inc. and Service American Indemnity Company OJCC# 21-025694, Tampa District, JCC Anthony Claimant Counsel: Yuli Kotler; E/C Counsel: Steven Hovsepian Primary Issue: Notice D/A: 08-12-2021 Decision Date: 08-05-2022 Summary: The JCC observed many discrepancies in the deposition and final hearing testimonies of claimant, but the E/C had not raised a misrepresentation defense. Instead, the E/C asserted a lack of timely notice and that claimant was an independent contractor. Judging claimant’s credibility, the JCC did not accept the representation that claimant reported his injuries and as such failed to meet the notice requirements in F.S. Sec. 440.185. Concluding the claims were not compensable due to lack of timely notice, the JCC found it unnecessary to address the employer-employee dispute. All petitions DENIED and DISMISSED. Alfredo Morono Perez v. Florida Service Painting, Inc. and Sedgwick CMS OJCC# 20-024051, Sarasota District, JCC Grindal Claimant Counsel: Eric M. Christiansen; E/C Counsel: David Hamilton Roos Primary Issues: Surgery, Major Contributing Cause, Rehearing D/A: 08-28-2020 Decision Date: 08-05-2022 Summary: Amended Order (On E/C motion for rehearing. No change in decree.) – Cervical surgery was denied by the E/C on the assertion that the industrial accident was not the MCC of the need for the procedure. The authorized treating physician testified claimant had asymptomatic degenerative changes which were aggravated by the accident. The doctor testified as to apportionment percentages, but admitted the same were arbitrary and not scientifically supported. Accepting the MCC opinion favorable to claimant, the JCC determined the surgery was compensable. However, apportionment was rejected. In any case, the JCC found the E/C had failed to timely respond to the doctor’s written request for authorization of the procedure. Authorization of surgery GRANTED. Almon J. Potter v. City of St. Petersburg and Commercial Risk Management, Inc., City of St. Petersburg – W/C Office OJCC# 05-000429, Panama City Beach District, JCC Moneyham Claimant Counsel: John Sharpless; E/C Counsel: Kimberly Diane Proano Primary Issues: Temporary Partial Disability, Voluntary Limitation of Income D/A: 07-23-2004 Decision Date: 08-05-2022 Summary: In 2009, claimant was terminated by the employer. He testified he had not been offered any employment by the employer since that time and remained retired, receiving social security and retirement benefits from the employer. On the evidence presented, the JCC found claimant had been terminated from his position due to his inability to perform the job. He remained on light duty restrictions and had not yet reached MMI following a 2021 surgery. Accordingly, the JCC concluded claimant established a prima facie case of TPD entitlement. Here, there was no proof that claimant had been offered a light duty position since the surgery or even since the termination. As such, the E/C voluntary limitation of income defense was DENIED and TPD benefits were GRANTED, together with penalties and interest. Bryon William Hunter v. Autozone, Inc. and Gallagher Bassett Services, Inc.

Leave a Comment / Workers Comp / By Yuli Kotler

In Bryon William Hunter v. Autozone, Inc, and Gallagher Bassett Services, Inc. Counsel for claimant submitted a One time change request to the adjuster but named his client as “Hunter B. William” instead of “Bryon William Hunter”. No petitions were pending and the adjuster never received the request due to the name discrepancy. A petition …

JCC – Compensation Orders Fernada Hurst v. L.R.G. Transportation & Storage, Inc., America’s Back Office, Inc., Amergo Enterprises, Inc. and Service American Indemnity Company OJCC# 21-025694, Tampa District, JCC Anthony Claimant Counsel: Yuli Kotler; E/C Counsel: Steven Hovsepian Primary Issue: Notice D/A: 08-12-2021 Decision Date: 08-05-2022 Summary: The JCC observed many discrepancies in the deposition and final hearing testimonies of claimant, but the E/C had not raised a misrepresentation defense. Instead, the E/C asserted a lack of timely notice and that claimant was an independent contractor. Judging claimant’s credibility, the JCC did not accept the representation that claimant reported his injuries and as such failed to meet the notice requirements in F.S. Sec. 440.185. Concluding the claims were not compensable due to lack of timely notice, the JCC found it unnecessary to address the employer-employee dispute. All petitions DENIED and DISMISSED. Alfredo Morono Perez v. Florida Service Painting, Inc. and Sedgwick CMS OJCC# 20-024051, Sarasota District, JCC Grindal Claimant Counsel: Eric M. Christiansen; E/C Counsel: David Hamilton Roos Primary Issues: Surgery, Major Contributing Cause, Rehearing D/A: 08-28-2020 Decision Date: 08-05-2022 Summary: Amended Order (On E/C motion for rehearing. No change in decree.) – Cervical surgery was denied by the E/C on the assertion that the industrial accident was not the MCC of the need for the procedure. The authorized treating physician testified claimant had asymptomatic degenerative changes which were aggravated by the accident. The doctor testified as to apportionment percentages, but admitted the same were arbitrary and not scientifically supported. Accepting the MCC opinion favorable to claimant, the JCC determined the surgery was compensable. However, apportionment was rejected. In any case, the JCC found the E/C had failed to timely respond to the doctor’s written request for authorization of the procedure. Authorization of surgery GRANTED. Almon J. Potter v. City of St. Petersburg and Commercial Risk Management, Inc., City of St. Petersburg – W/C Office OJCC# 05-000429, Panama City Beach District, JCC Moneyham Claimant Counsel: John Sharpless; E/C Counsel: Kimberly Diane Proano Primary Issues: Temporary Partial Disability, Voluntary Limitation of Income D/A: 07-23-2004 Decision Date: 08-05-2022 Summary: In 2009, claimant was terminated by the employer. He testified he had not been offered any employment by the employer since that time and remained retired, receiving social security and retirement benefits from the employer. On the evidence presented, the JCC found claimant had been terminated from his position due to his inability to perform the job. He remained on light duty restrictions and had not yet reached MMI following a 2021 surgery. Accordingly, the JCC concluded claimant established a prima facie case of TPD entitlement. Here, there was no proof that claimant had been offered a light duty position since the surgery or even since the termination. As such, the E/C voluntary limitation of income defense was DENIED and TPD benefits were GRANTED, together with penalties and interest. Bryon William Hunter v. Autozone, Inc. and Gallagher Bassett Services, Inc. Read More »

#OTC

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