KOTLER LAW | Workers Compensation Lawyer
In Adainelys Gallardo v. A D 1 Management, Inc d/b/a A D 1 Global and Bridgefield Casualty Insurance Company the JCC found that the claimant had made numerous misstatements concerning her prior medical care and treatment in deposition. However, he found that she was a credible witness and did not knowingly and intentionally make false …
In Alberto Escobar v. Sunlight Windows, Inc. and US Administrator Claims the accident and injuries were originally accepted as compensable and the claimant was paid indemnity and provided medical benefits. The E/C then secured surveillance footage which showed the Claimant engaged in physical activities which were contrary to his representations in deposition. The unrepresented claimant …
Alberto Escobar v. Sunlight Windows, Inc. and US Administrator Claims Read More »
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 Daniela Valderrama v. Giorgia Armani and Chubb Group of Insurance Companies the claimant filed for TPD benefits. Claimant was terminated and the JCC found that the claimant’s termination was the result of a reduction in the employer’s work force and not because of claimant’s physical limitations. The JCC held that the claimant was required …
Daniela Valderrama v. Giorgio Armani and Chubb Group of Insurance Companies Read More »
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 Doran Roberts v. Marion Masonry Materials of Ocala, LLC and FCCI Insurance Group although counsel for claimant advise he had attempted to notify claimant of the hearing on the E/C motion to enforce, claimant did not appear for the same. The E/C presented their evidence in favor of the alleged $15,000 inclusive settlement and …
Doran Roberts v. Marion Masonry Materials of Ocala, LLC and FCCI Insurance 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 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 »
In Shernett Morrell v. University of Miami Hospital and Gallagher Bassett Services, Inc. the E/C’s motion to appoint expert medical advisor was unopposed and was supported by a disagreement among the health care providers. The JCC GRANTED the motion and appointed Dr. Orestes Rosabal, orthopedic surgeon, as the EMA in this matter.
In Damian Canul Canche v. H Valley Company, LLC. And Gallagher Bassett Services, Inc. finding the parties had entered a written stipulation providing the provision of a physician, temporary indemnity and attorney fees and costs, the JCC GRANTED claimant’s motion to enforce and APPROVED the agreement.