KOTLER LAW | Workers Compensation Lawyer
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 …
In Michael Corker v. GL Staffing Services, Inc. and Amerisure Insurance unrepresented claimant agreed to a settlement at mediation but later changed his mind. The E/C moved to enforce. Because claimant was not represented at mediation, the JCC observed the statute specifically mandated judicial approval of the settlement before it became final and enforceable. E/C …
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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 …
In Pedro Hernandez v. M & V Roofing Services Corp. and None unrepresented claimant failed to appear at final hearing and no evidence was offered in support of the pending petition claims. Accordingly, the JCC DENIED and DISMISSED the petition with prejudice.
In Cloris Vazquez v. City of Miami Beach and Corvel Corporation Claimant filed a notice of EMA conflict, suggesting the previously appointed EMA had a conflict of interest and an alternate expert should be assigned. The asserted bases for the conflict were that (1) counsel for claimant had prior contact with the appointed expert and …
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In Lucien Romeus v. Jahna Concrete, Inc., International Coastal Revetment Products and Amerisure Insurance neither the claimant nor the uninsured employer appeared at final hearing. Because claimant was not present to offer any evidence in support of the petition, the JCC DENIED all compensability, medical and indemnity claims asserted.
In Lubomir Richvalsky v. Peoplease LLC and Next Level Administrators, LLC seeking to establish a higher AWW, claimant advanced his claim to have the wages of a similar employee applied in this matter. There was no dispute that claimant had not worked substantially the whole of the 13 weeks prior to the accident. The question …
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In Pellegrino Sorice v. Rayz Remodeling Inc and None the uninsured and unrepresented employer failed to attend the pre-trial conference, and as a result all defenses were stricken. At trial, the employer contended claimant was an independent contractor, while claimant countered he was engaged in the construction industry and was an employee. The JCC rejected …
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In Harold English v. Pepsico Inc. and Sedgwick CMS, Indemnity Insurance Co. of North America finding claimant met the entitlement and eligibility requirements for a $2,000 advance, the JCC GRANTED claimant’s motion for advance.
In Esteban Gonzalez v. Subrageous and Ascendant Commercial Insurance Claimant failed to appear at the final hearing, and in the absence of any evidence supporting the pending claims, the JCC DENIED and DISMISSED the outstanding petition with prejudice.