KOTLER LAW | Workers Compensation Lawyer

Sandra Warren v. Five Star Senior Living and Broadspire Services, Inc.

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In Sandra Warren v. Five Star Senior Living and Broadspire Services, Inc. the E/C accepted compensability of a left knee strain, but denied continuing care following MMI for the exacerbation as not causally related. The parties offered the testimonies of their respective IMEs in support of their positions. Ultimately, the JCC accepted the opinions of …

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

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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.

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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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Daniel O’Neill, Jr. v. Triumph Aerostructures Vought Aircraft Division and Liberty Mutual Insurance

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In Daniel O’Neill, Jr. v. Triumph Aerostructures Vought Aircraft Division and Liberty Mutual Insurance the E/C denied the entire claim, asserting no causal relationship to claimant’s employment. Claimant requested appointment of an EMA based upon the conflicting opinions of the IME providers regarding MCC. Finding the requisite medical disagreement was present, the JCC GRANTED claimant’s …

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Lorena Morales Trevino v. Pinpoint Personnel and Pennsylvania Manufacturers Association

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In Lorena Morales Trevino v. Pinpoint Personnel and Pennsylvania Manufacturers Association Unrepresented claimant advanced the medical claims which had been filed by her former counsel. E/C defended the issues were moot because they had already agreed to schedule a neurosurgeon appointment. Accepting the parties’ representations, the JCC agreed the pending claims were moot under the …

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Jeiner Ruiz v. American Logistic Group, LLC and None

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In Jeiner Ruiz v. American Logistic Group, LLC and None Uninsured and unrepresented employer made no appearance at final hearing. Defenses had been stricken as a result of the employer’s failure to appear at mediation or respond to a show cause order. Claimant presented his claims for benefits without contest. Accordingly, the JCC GRANTED compensability, …

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Timothy Sharp v. EVO Corporation and Gallagher Bassett Services, Inc.

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In Timothy Sharp v. EVO Corporation and Gallagher Bassett Services, Inc. Claimant testified at final hearing as to his job duties but was unable to conclusively attribute his pain and later diagnosed inguinal hernia to any specific incident. Based on the record before him, the JCC found no evidence that claimant had sustained an accident …

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Lorenzo Garcia v. Thomas Produce Company and Zenith Insurance Company

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In Lorenzo Garcia v. Thomas Produce Company and Zenith Insurance Company in response to the pending TTD claim, the E/C defended claimant had reached MMI for his compensable rib contusion and the physician imposed “no-work” status was unrelated to the industrial injury. The JCC accepted the medical evidence establishing MMI as of June 2021. He …

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Scott Beck v. City of Tallahassee Police Department and City of Tallahassee

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In Scott Beck v. City of Tallahassee Police Department and City of Tallahassee Claimant filed a notice of medical conflict regarding the issue of a permanent impairment rating. The E/C disputed that such conflict was present. Upon review of the submitted deposition testimonies, the JCC found the medical opinions were in disagreement and appointment of …

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