In Holly M. Trembach v. ERMC II and Gallagher Bassett Services, Inc. the petitions were dismissed and E/C sought to recover taxable costs in the amount of $700. This represented the mediator’s fee for private mediation. Notably, the Deputy Chief Judge had entered an order requiring the parties to attend private mediation with the expense […]
Holly M. Trembach v. ERMC II and Gallagher Bassett Services, Inc. Read More »
In Miguel Angel Guzman Viveros Aka Licona v. Casey Key Venture, LLC and Normandy Insurance Company E/C filed a motion to Amend their defenses to include misrepresentation. A hearing on compensability was held earlier in 2022 wherein the issues were bifurcated. The E/C misrepresentation defense was considered and denied. The E/C posited further investigation warranted
In Mitch Vangergunst v. Florida Everblades and Tri-State Insurance Company of Minnesota Claimant conceded the E/C was prevailing party and entitled to recover taxable costs but objected to $542.00 of the $1,517.75 of costs alleged. Notably, the claimant had not responded to the E/C motion and the JCC observed the objections were asserted only two
Mitch Vandergunst v. Florida Everblades and Tri-state Insurance Company of Minnesota Read More »
In Deberl Hendrix v. School District of Palm Beach County and Sedgwick CMS the E/C argued that the claimant was voluntarily limiting her income, was not a proper claimant, and had reached MMI. The JCC rejected these arguments and found claimant met the entitlement and eligibility requirements for a $2,000 advance. Motion GRANTED.
Deberl Hendrix v. School District of Palm Beach County and Sedgwick CMS Read More »
In Miguel Lorenzo v. Kiewit Corp. d/b/a Kiewit Infrastructure South Co and Old Republic Insurance Company, Sedgwick CMS Claimant filed for a One Time Change and the E/C claimed they had properly and timely provided claimant with a one-time change of physician. To the contrary, claimant prosecuted his claim for a OTC provider of his
In Billy Norton v. South Florida Security Group Inc. and Bridgefield Casualty Insurance Company, Summit Consulting, LLC the parties had reached a washout settlement agreement at mediation. Claimant’s counsel then lost contact with his client and was unable to secure his signature on the final settlement documents. The E/C moved to enforce the agreement and
In Honoria Flores v. Smart Specialty Solutions, Inc. and the Main Street America Group the vocational experts in this PTD matter disagreed as to whether claimant had transferable skills and was able to perform sedentary duty work within a 50 mile radius of his home. Claimant was a 64 year old Spanish speaking man, unable
Honorio Flores v. Smart Specialty Solutions, Inc. and The Main Street America Group Read More »
In Rosalie Kelley v. The Empire Company and Travelers Insurance a prior FCO denied TPD benefits. In the instant litigation, claimant petitioned for TPD benefits for dates immediately subsequent to entry of that order. Claimant established her MMI dates as November 15, 2021, and the JCC considered the medical evidence to determine whether the physicians
Rosalie Kelley v. The Empire Company and Travelers Insurance Read More »
In Miguel Perez Ortiz v, YRC, Inc, d/b/a YRC Freight and Sedgwick CMS Claimant requested a OTC. The current issue is which party had the right of selection. The adjuster testified that she did not receive the email alleged to have been sent requesting the OTC. She further testified she timely provided a OTC provider
Miguel Perez Ortiz v. YRC, Inc. d/b/a YRC Freight and Sedgwick CMS Read More »
In Angelica Feagle v. William S Wong DPM, P.A. and Hartford Underwriters Insurance Company the E/C raised a Daubert objection. The JCC overruled noting that standing Duabert objections are not permissible and such objections must be directed to specific opinions and with sufficient specificity to allow correction of perceived defects. Finding Claimant’s notice of conflict
Angelica Feagle v. William S Wong DPM, P.A. and Hartford Underwriters Insurance Company Read More »