KOTLER LAW | Workers Compensation Lawyer

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Kristene Thompson v. Darden Restaurants, Inc. and Gallagher Bassett Services, Inc.

In Kristene Thompson v. Darden Restaurants, Inc. and Gallagher Bassett Services, Inc. the slip and fall accident and a left knee injury were accepted as compensable by the E/C. The pending controversy concerned a claim for right knee evaluation and treatment. The E/C authorized a right knee evaluation eleven days after first learning of the …

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Devon Brooks v. Season Service Select, LLC and PMA Insurance Company

In Devon Brooks v. Season Service Select, LLC and PMA Insurance Company during his testimony at this E/C motion to enforce settlement hearing, claimant confirmed he entered the washout agreement of $7,900 inclusive. The delay in concluding the agreement was that he had difficulty traveling to his attorney’s office to sign the settlement documents. Based …

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Lubomir Richvalsky v. Peoplease LLC and Next Level Administrators, LLC

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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Holly M. Trembach v. ERMC II and Gallagher Bassett Services, Inc.

In Holly M. Trembach v. ERMC II and Gallagher Bassett Services, Inc. finding the E/C motion for EMA appointment to be supported by the facts and without objection from the claimant, the JCC GRANTED the motion and appointed an EMA. The parties were instructed to confer and attempt to agree on the selection of an …

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Sherry Cartechine v. Courtyard Management Corporation dba Courtyard by Marriott and Marriott International, Inc.

In Sherry Cartechine v. Courtyard Management Corporation dba Courtyard by Marriott and Marriott International, Inc. at this E/C motion to enforce hearing claimant agreed she had settled her claim for $5,000 inclusive at mediation. However, she refused to sign the settlement documents subsequently prepared by the E/C. The JCC agreed with claimant that she did …

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Ted Horn v. Best Way Systems, Bestway Trucking Incorporated and CNA Insurance, Liberty Mutual Insurance

In Ted Horn v. Best Way Systems, Bestway Trucking Incorporated and CNA Insurance, Liberty Mutual Insurance the authorized physician made a referral for evaluation of a specific orthopedic spine specialist. The E/C agreed an evaluation was medically necessary, but they denied that their failure to respond to the referral request within 10 days resulted in …

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Frank Ayllon v. Gaval Wynwood, LLC and Zenith Insurance Company

In Frank Ayllon v. Gaval Wynwood, LLC and Zenith Insurance Company a settlement was reached where the E/C agreed to pay a certain hospital bill with no fees or payment to the claimant. A separate agreement was reached were the E/C accepted compensability and would pay a differed medical bill plus attorney fees and costs. …

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Benito Castro v. Death Valley Construction Group, Inc and Clear Spring Property and Casualty Company

In Benito Castro v. Death Valley Construction Group, Inc and Clear Spring Property and Casualty Company the employer was insured at the time of claimant’s accident but asserted he did not know the claimant. However, one of his employees admitted to hiring claimant as a helper. Claimant fell through a roof and sustained a severe …

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