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John Hartzell v. Williams Construction Co LLC and Normandy Insurance Company

In John Hartzell v. Williams Construction Co LLC and Normandy Insurance Company Pursuant to claimant’s notice of conflict, the JCC considered the request for appointment of an EMA. The E/C posited there was no medical disagreement because claimant’s expert’s opinions were entirely lacking in competent foundation. However, the case law precedent relied upon by the …

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Kashiefroy McKenzie v. Aquamax Cold Storage, LLC and Technology Insurance Company

In Kashiefroy McKenzie v. Aquamax Cold Storage, LLC and Technology Insurance Company Unrepresented claimant appeared at final hearing and was permitted to testify in a narrative fashion. However, he presented no medical evidence establishing the causal relationship or the medical necessity of the care requested. Similarly, the evidence was insufficient to establish entitlement to indemnity …

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Jeffrey Johnson v. Hillsborough County Sheriff’s Department and Commercial Risk Management, Inc.

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 …

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Cynthia Berry v. Lakeland Regional Health Systems, Inc. and Commercial Risk Management, Inc.

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 …

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Edelmira Y. Alzate v. Correct Care Solutions, LLC and ESIS WC Claims

In Edelmira Y. Alzate v. Correct Care Solutions, LLC and ESIS WC Claims asserting that the pending petition claims for medical indemnity benefits were ripe and untried at the time of a prior final hearing, the E/C moved for summary final order. Claimant defended res judicata did not apply because the JCC had reserved jurisdiction …

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Juan Martinez v. D & C Construction Group Inc. and USIS

In Juan Martinez v. D & C Construction Group Inc. and USIS Unrepresented claimant advanced his petition claims to final hearing. The JCC considered the exhibits offered by claimant and the objections asserted by the E/C. The vast majority of the E/C objections were sustained. The petition requested TTD for a closed two year period. …

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Matthew Turner v. Millman National Land Services and Foremost Insurance

The alleged accident/injury in this case was a spider bite to claimant’s right lower extremity. The hospital medical records did not reflect the finding of any insect bite or wound at the time of admission. Claimant’s testimony was diametrically opposed to the hospital records and other evidence in the case. The JCC found claimant had …

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Andrew Gordon v. Monro Inc. d/b/a Tire Choice Auto Centers and Travelers Insurance

In Andrew Gordon v. Monro Inc. d/b/a Tire Choice Auto Centers and Travelers Insurance Claimant sought TPD for a closed eight month period. The E/C had paid benefits before and after the subject period, but had suspended benefits on the doctor’s assignment of MMI with no impairment. On the evidence presented and accepted, the JCC …

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Vincente Guerra v. Burlington Hospitality, Inc. dba Holiday Inn and Employers Assurance Company

In Vincente Guerra v. Burlington Hospitality, Inc. dba Holiday Inn and Employers Assurance Company Claimant’s counsel testified at this E/C motion to enforce settlement hearing that his client had granted him clear and unequivocal authority to settle the case for $45,000 inclusive of attorney fees. This testimony was uncontroverted. Consequently, the JCC GRANTED the E/C …

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