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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.

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 »

Diana Rollo v. Consulate Health Care, Consulate Health Care d/b/a Lavie Care Centers d/b/a Consulate Health Care of and Gallagher Bassett Services, Inc., American Zurich Insurance Company

In Diana Rollo v. Consulate Health Care, Consulate Health Care d/b/a Lavie Care Centers d/b/a Consulate Health Care of and Gallagher Bassett Services, Inc., American Zurich Insurance Company the JCC found that Claimant met the entitlement and eligibility requirements for an advance, and GRANTED claimant’s more for advance, but limited the amount to $1,834.00 based …

Diana Rollo v. Consulate Health Care, Consulate Health Care d/b/a Lavie Care Centers d/b/a Consulate Health Care of and Gallagher Bassett Services, Inc., American Zurich Insurance Company Read More »

Marlene Doblado Gill v. Fanatics and Travelers Insurance

In Marlene Doblado Gill v. Fanatics and Travelers Insurance an unrepresented Claimant faxed a OTC request on the Wednesday before the Thanksgiving holidays. The JCC determined that the adjuster had timely selected and authorized a new physician within five days of the request. However, notification of the new provider was not mailed to claimant until …

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Patricia Lascala v. Dollar General and Dollar General Corporation

In Patricia Lascala v. Dollar General and Dollar General Corporation a conflict regarding the need for a peripheral nerve stimulator and a psychiatric evaluation were in conflict. E/C filed a Motion for EMA appointment and the JCC found the facts to b was stated and the disagreement between the health care providers was sufficient to …

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Nakisha Gilliard v. Department of Juvenile Justice and Division of Risk Management

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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Dorinda Kohlun, As Claimant for Aaron Kohlun v. Kelly Air Systems LLC and Technology Insurance Company, Amtrust North America of Florida

In Dorinda Kohlun, As Claimant for Aaron Kohlun v. Kelly Air Systems LLC and Technology Insurance Company, Amtrust North America of Florida pursuant to the First DCA decision in Kelly Air Systems v. Kohlun in which the court reversed the award of compensability; here the JCC entered this FCO on remand and DISMISSED all claims …

Dorinda Kohlun, As Claimant for Aaron Kohlun v. Kelly Air Systems LLC and Technology Insurance Company, Amtrust North America of Florida Read More »

Jorge Gomez v. Frank Winston Crum Insurance, Intal Construction, Inc. and CCMSI, Frank Winston Crum Insurance, Inc.

In Jorge Gomez v. Frank Winston Crum Insurance, Intal Construction, Inc. and CCMSI, Frank Winston Crum Insurance, Inc. one of claimant’s former counsels secured a loan for claimant from Oasis funding. Claimant’s current counsel reduced the purported lien of Oasis as part of the settlement and sought approval of a side fee of $1,500 for …

Jorge Gomez v. Frank Winston Crum Insurance, Intal Construction, Inc. and CCMSI, Frank Winston Crum Insurance, Inc. Read More »