In Jean Michel Thelemaque v. Gordon River Hotel Associates LLC d/b/a Bayfront Inn 5th Ave. and Summit, Retailfirst Insurance Company the E/C moved for summary final order against the unrepresented claimant, asserting the petition claims were barred by res judicata. The matter had gone to trial on two separate occasions, and there were no issues …
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 …
Melbourne Workers Comp Bryan Kerr v. City of Palm Bay (PMA Insurance) | Melbourne Workers Comp In the Florida workers’ compensation case of Bryan Kerr v. City of Palm Bay, there were three pending motions at the time of the Final Hearing. With a 33% impairment rating, the claimant advanced a petition for benefits. The …
Dennis Miller v. World Fiber Technologies was a Panama City workers’ compensation case regarding an accident from 2014.The claimant filed for chiropractic treatment and permanent total disability (PTD) benefits. The employer arose a res judicata defense in response. The Florida Statute does not consider chiropractic services beyond 24 treatments or 12 weeks to be medically …
Richard Colon v. Miller Pipeline (Minnesota Ltd), an Orlando workers compensation case discussed a petition for benefits that was filed and dismissed due to not be accompanied by a referral for care. The claimant did obtain a medical evaluation referral, refiling his petition, however the E/C claimed it was barred by res judicata. Under further …
Tony Protopapas v. Innisbrook Resort and Auto Owners was an appeal over 24-hour attendant care benefits for the claimant who was injured in their workplace. The E/C gave a res judicata defense, stating that the issue had already been determined in prior court dates. However, in accordance with Donahue v. Davis and Gold v. Bankier, …
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