KOTLER LAW | Workers Compensation Lawyer

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JCC – Compensation Orders Fernada Hurst v. L.R.G. Transportation & Storage, Inc., America’s Back Office, Inc., Amergo Enterprises, Inc. and Service American Indemnity Company OJCC# 21-025694, Tampa District, JCC Anthony Claimant Counsel: Yuli Kotler; E/C Counsel: Steven Hovsepian Primary Issue: Notice D/A: 08-12-2021 Decision Date: 08-05-2022 Summary: The JCC observed many discrepancies in the deposition and final hearing testimonies of claimant, but the E/C had not raised a misrepresentation defense. Instead, the E/C asserted a lack of timely notice and that claimant was an independent contractor. Judging claimant’s credibility, the JCC did not accept the representation that claimant reported his injuries and as such failed to meet the notice requirements in F.S. Sec. 440.185. Concluding the claims were not compensable due to lack of timely notice, the JCC found it unnecessary to address the employer-employee dispute. All petitions DENIED and DISMISSED. Alfredo Morono Perez v. Florida Service Painting, Inc. and Sedgwick CMS OJCC# 20-024051, Sarasota District, JCC Grindal Claimant Counsel: Eric M. Christiansen; E/C Counsel: David Hamilton Roos Primary Issues: Surgery, Major Contributing Cause, Rehearing D/A: 08-28-2020 Decision Date: 08-05-2022 Summary: Amended Order (On E/C motion for rehearing. No change in decree.) – Cervical surgery was denied by the E/C on the assertion that the industrial accident was not the MCC of the need for the procedure. The authorized treating physician testified claimant had asymptomatic degenerative changes which were aggravated by the accident. The doctor testified as to apportionment percentages, but admitted the same were arbitrary and not scientifically supported. Accepting the MCC opinion favorable to claimant, the JCC determined the surgery was compensable. However, apportionment was rejected. In any case, the JCC found the E/C had failed to timely respond to the doctor’s written request for authorization of the procedure. Authorization of surgery GRANTED. Almon J. Potter v. City of St. Petersburg and Commercial Risk Management, Inc., City of St. Petersburg – W/C Office OJCC# 05-000429, Panama City Beach District, JCC Moneyham Claimant Counsel: John Sharpless; E/C Counsel: Kimberly Diane Proano Primary Issues: Temporary Partial Disability, Voluntary Limitation of Income D/A: 07-23-2004 Decision Date: 08-05-2022 Summary: In 2009, claimant was terminated by the employer. He testified he had not been offered any employment by the employer since that time and remained retired, receiving social security and retirement benefits from the employer. On the evidence presented, the JCC found claimant had been terminated from his position due to his inability to perform the job. He remained on light duty restrictions and had not yet reached MMI following a 2021 surgery. Accordingly, the JCC concluded claimant established a prima facie case of TPD entitlement. Here, there was no proof that claimant had been offered a light duty position since the surgery or even since the termination. As such, the E/C voluntary limitation of income defense was DENIED and TPD benefits were GRANTED, together with penalties and interest. Bryon William Hunter v. Autozone, Inc. and Gallagher Bassett Services, Inc.

In Bryon William Hunter v. Autozone, Inc, and Gallagher Bassett Services, Inc. Counsel for claimant submitted a One time change request to the adjuster but named his client as “Hunter B. William” instead of “Bryon William Hunter”. No petitions were pending and the adjuster never received the request due to the name discrepancy. A petition …

JCC – Compensation Orders Fernada Hurst v. L.R.G. Transportation & Storage, Inc., America’s Back Office, Inc., Amergo Enterprises, Inc. and Service American Indemnity Company OJCC# 21-025694, Tampa District, JCC Anthony Claimant Counsel: Yuli Kotler; E/C Counsel: Steven Hovsepian Primary Issue: Notice D/A: 08-12-2021 Decision Date: 08-05-2022 Summary: The JCC observed many discrepancies in the deposition and final hearing testimonies of claimant, but the E/C had not raised a misrepresentation defense. Instead, the E/C asserted a lack of timely notice and that claimant was an independent contractor. Judging claimant’s credibility, the JCC did not accept the representation that claimant reported his injuries and as such failed to meet the notice requirements in F.S. Sec. 440.185. Concluding the claims were not compensable due to lack of timely notice, the JCC found it unnecessary to address the employer-employee dispute. All petitions DENIED and DISMISSED. Alfredo Morono Perez v. Florida Service Painting, Inc. and Sedgwick CMS OJCC# 20-024051, Sarasota District, JCC Grindal Claimant Counsel: Eric M. Christiansen; E/C Counsel: David Hamilton Roos Primary Issues: Surgery, Major Contributing Cause, Rehearing D/A: 08-28-2020 Decision Date: 08-05-2022 Summary: Amended Order (On E/C motion for rehearing. No change in decree.) – Cervical surgery was denied by the E/C on the assertion that the industrial accident was not the MCC of the need for the procedure. The authorized treating physician testified claimant had asymptomatic degenerative changes which were aggravated by the accident. The doctor testified as to apportionment percentages, but admitted the same were arbitrary and not scientifically supported. Accepting the MCC opinion favorable to claimant, the JCC determined the surgery was compensable. However, apportionment was rejected. In any case, the JCC found the E/C had failed to timely respond to the doctor’s written request for authorization of the procedure. Authorization of surgery GRANTED. Almon J. Potter v. City of St. Petersburg and Commercial Risk Management, Inc., City of St. Petersburg – W/C Office OJCC# 05-000429, Panama City Beach District, JCC Moneyham Claimant Counsel: John Sharpless; E/C Counsel: Kimberly Diane Proano Primary Issues: Temporary Partial Disability, Voluntary Limitation of Income D/A: 07-23-2004 Decision Date: 08-05-2022 Summary: In 2009, claimant was terminated by the employer. He testified he had not been offered any employment by the employer since that time and remained retired, receiving social security and retirement benefits from the employer. On the evidence presented, the JCC found claimant had been terminated from his position due to his inability to perform the job. He remained on light duty restrictions and had not yet reached MMI following a 2021 surgery. Accordingly, the JCC concluded claimant established a prima facie case of TPD entitlement. Here, there was no proof that claimant had been offered a light duty position since the surgery or even since the termination. As such, the E/C voluntary limitation of income defense was DENIED and TPD benefits were GRANTED, together with penalties and interest. Bryon William Hunter v. Autozone, Inc. and Gallagher Bassett Services, Inc. Read More »

Diana Rollo v. Consulate Health Care, Consulate Health Care d/b/a Lavie Care Centers d/b/a Consulate Health Care of and Gallagher Bassett Services, Inc., American Zurich Insurance Company

In Diana Rollo v. Consulate Health Care, Consulate Health Care d/b/a Lavie Care Centers d/b/a Consulate Health Care of and Gallagher Bassett Services, Inc., American Zurich Insurance Company the JCC found that Claimant met the entitlement and eligibility requirements for an advance, and GRANTED claimant’s more for advance, but limited the amount to $1,834.00 based …

Diana Rollo v. Consulate Health Care, Consulate Health Care d/b/a Lavie Care Centers d/b/a Consulate Health Care of and Gallagher Bassett Services, Inc., American Zurich Insurance Company Read More »

Jimmy Harrold v. Intercoastal Payroll Solutions, LLC and Imperium Insurance Company

In Jimmy Harrold v. Intercostal Payroll Solutions, LLC and Imperium Insurance Company the E/C moved for summer final order on the assertion that claimant was not employed by the company and therefore was not covered by the carrier. Affidavits from the company representatives were offered in support. The only evidence offered by claimant regarding the …

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Nakisha Gilliard v. Department of Juvenile Justice and Division of Risk Management

In Nakisha Gilliard v. Department of Juvenile Justice and Division of Risk Management Claimant moved for a $2,000.00 advance for payment of an IME. No evidence was presented to show the cost of the IME so the JCC DENIED Claimant’s request for a $2,000.00 advance. Claimant appealed, but voluntarily dismissed the appeal prior to court …

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Bassam Minawi v. Palm Pavilion, Inc., Palm Pavilion of Clearwater Inc., Palm Pavilion of Clearwater and FFVA Mutual Insurance Company

In Bassam Minawi v. Palm Pavilion, Inc. Palm Pavilion of Clearwater Inc. and FFVA Mutual Insurance Company Claimant argued in favor of compensability of his injuries alleged to have been sustained while washing dishes. The JCC provided the historical details of the claim. Claimant had the burden of establishing his repetitive trauma claim with clear …

Bassam Minawi v. Palm Pavilion, Inc., Palm Pavilion of Clearwater Inc., Palm Pavilion of Clearwater and FFVA Mutual Insurance Company Read More »

Misael Baez v. B&B Tire of Fowler, Inc./Tuffy Auto Services Center and None

In Misael Baez v. B&B Tire of Fowler, Inc./Tuffy Auto Services Center and None the employer was uninsured and unrepresented and also failed to appear at final hearing. However, since the employer did not raise any defenses, the JCC found sanctions unnecessary. Claimant presented his claims for indemnity and medical care without contest. Based on …

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Jorge Gomez v. Frank Winston Crum Insurance, Intal Construction, Inc. and CCMSI, Frank Winston Crum Insurance, Inc.

In Jorge Gomez v. Frank Winston Crum Insurance, Intal Construction, Inc. and CCMSI, Frank Winston Crum Insurance, Inc. one of claimant’s former counsels secured a loan for claimant from Oasis funding. Claimant’s current counsel reduced the purported lien of Oasis as part of the settlement and sought approval of a side fee of $1,500 for …

Jorge Gomez v. Frank Winston Crum Insurance, Intal Construction, Inc. and CCMSI, Frank Winston Crum Insurance, Inc. Read More »

Kristy Lacroix v. Terminix and Zurich American Insurance Company

In Kristy Lacroix v. Terminix and Zurich American Insurance Company prior to filing the petition for benefits, the E/C asserted an update medical appointment had been set and attached documents confirming the appointment had been made. Claimant did not file a response. The JCC concluded the petition was resolved before it was filed. E/C motion …

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Jordan Barron v. Tri County Metals and Amtrust North America of Florida

In Jordan Barron v. Tri County Metals and Amtrust North America of Florida Claimant was injured and lost the fingers on his left hand. At first, he did not want a prosthesis but six months later he changed his mind. The authorized physician advised that additional revision surgery would be necessary before a prosthesis could …

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