KOTLER LAW | Workers Compensation Lawyer
In Kelley Browning v. Luxottica Retail Corp. d/b/a Sunglass Hut and SRS, Liberty Mutual Insurance the Claimant requested a rheumatologist for evaluation and treatment. The E/C agreed in writing twice to provide evaluation and treatment of casually related conditions however, failed to timely authorize. Claimant sought an order approving the stipulation. The JCC found the …
In Eugene Hardin v. Heyl Truck Lines, Inc., CBCS, and Travelers Indemnity Company of America, and Eric M. Christiansen the Claimant who was unrepresented filed a petition for writ of prohibition. The underlying order concerned allegations by claimant that his former attorney breached their retainer agreement. The JCC rejected. The First DCA DISMISSED the petition, …
In Yvenor Moresca v. Employer Solutions Services, Inc., Star Bakery, Inc. and CCMSI the Claimant filed a petition for benefits. The E/C agreed to provide medical benefits as well as costs but fees were denied. The costs were not paid by E/C so Claimant sought attorney fees for securing costs. The E/C argued that they …
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In Osdany Rodriguez v. Bradco Corporation and Liberty Mutual Insurance E/C filed a Motion to Dismiss for Lack of Prosecution. Claimant filed a response in objection to the motion. E/C is seeking an order dismissing all pending PFBs due to the lack of record activity on the OJCC docket for more than the previous 12 …
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In Joseph Guerrera v. Becton Dickinson & Co. and Sedgwick CMS Claimant challenges an order of the JCC denying Claimant’s verified petition for attorney’s fees. Counsel for the claimant secured an increase in the AWW but the JCC denied E/C-paid fee entitled finding that “no actual or real benefit was secured”. The court found reversible …
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In Felix Castillo v. Tirado Remodeling Group Inc and Norguard Insurance Company, Gallagher Bassett Services, Inc. the Claimant filed a verified petition for entitlement to an E/C paid fee. The JCC found that the claimant’s verified petition did not comply with Procedural Rule 60Q-6.124(3)(a)(3) as the benefits secured are not clearly delineated in the verified …
In Mbobila Munengu v. America’s Gateway, Inc. d/b/a Cruiseport Destinations and American Compensation Insurance Company, CCMSI Claimant filed a petition for benefits which were then dismissed. After the claims were dismissed the E/C sought taxable cost recovery in the amount of $5,946.38. The JCC found that a portion of the costs were properly taxable and …
In Marie Carme Louis v Next Level Hospitality Services, LLC and Amtrust North America of Florida, Wesco Insurance Company Claimant received a settlement amount of $30,000. From that settlement amount Claimant agreed to pay her attorney a fee of $7,500 which is equivalent to 25%. In Miles v. City of Edgewater Police Dept., the court …
In Lisa Gregory v. Landry’s d/b/a Chart House – Melbourne and Corvel Corporation the Claimant requested an appointment with an EMA seven days prior to final hearing. E/C argued that the evidence did not show any disagreement in opinion requiring an EMA as Claimant did not submit the E/C IME opinions by way of deposition …
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In Bernard Smalls v. Comcast Corporation and Helmsman Mgmt Services, Liberty Mutual Insurance the issue is the identity of the one-time change provider. The request for a one time change was made on 9/3/20 the issue is when the request was received. The E/C argues that it was not received until 9/9/20. The five-day mail …