KOTLER LAW | Workers Compensation Lawyer
In John Laurey v. Hillsborough County Sheriff’s Department and Commercial Risk Management, Inc. Claimant failed to file a timely response to the E/C motion to tax costs and the JCC found simple inadvertence of counsel’s office was not a sufficient basis to support good cause. Accepting the allegations of the verified motion as true and …
In Azahari Chang-Cabrera v. Cal-Ark International and Midwest Employers Casualty Company in 2021 claimant’s former counsel dismissed two petitions, excluding claims for attorney fees and costs. The E/C sought to have those remaining fee claims dismissed for lack of prosecution. Former counsel did not respond to the E/C motion, nor did he appear at the …
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In Gilda Louden v. UPS and Liberty Mutual Insurance finding claimant met the entitlement and eligibility requirements for a $2,000 advance, the JCC GRANTED claimant’s motion for advance.
In Claudia Contrera Villarreal v. Miami Donuts Payroll d/b/a Dunkin Donuts and Liberty Mutual Insurance in their trial memorandum, the E/C agreed to authorize physical therapy and schedule an appointment with the authorized physician, but maintained a denial of claimant’s neck injury. The JCC accepted the medical opinions favoring claimant and concluded the MCC of …
In John Hartzell v. Williams Construction Co LLC and Normandy Insurance Company Pursuant to claimant’s notice of conflict, the JCC considered the request for appointment of an EMA. The E/C posited there was no medical disagreement because claimant’s expert’s opinions were entirely lacking in competent foundation. However, the case law precedent relied upon by the …
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In Kashiefroy McKenzie v. Aquamax Cold Storage, LLC and Technology Insurance Company Unrepresented claimant appeared at final hearing and was permitted to testify in a narrative fashion. However, he presented no medical evidence establishing the causal relationship or the medical necessity of the care requested. Similarly, the evidence was insufficient to establish entitlement to indemnity …
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In Henry Jeffery v. Dixie Paving & Grading Co., Inc. and Builders Mutual Insurance Company suggesting conflict in the medical opinions, claimant requested appointment of an EMA. At the time of the motion hearing, none of the physicians had testified and the E/C posited there was no conflict in opinions. The JCC reviewed the medical …
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In Juan Mendieta Vizcaino v. Cover All Remodeling, Inc. and USIS while the carrier stipulated to the payment of TPD benefits, the JCC struck their defense that the same was contingent upon submission of DWC-19 forms as that defense had not been timely asserted. The JCC further found the carrier suggestion that benefits should be …
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In Jeffrey Johnson v. Hillsborough County Sheriff’s Department and Commercial Risk Management, Inc. following the denial of petition requested benefits at both the trial and appellate levels, the E/C sought to recover their litigation defense costs. There was no dispute the E/C was prevailing party. The total amount demanded was $2,191.28, but $800 for IME …
In Michael Corker v. GL Staffing Services, Inc. and Amerisure Insurance unrepresented claimant agreed to a settlement at mediation but later changed his mind. The E/C moved to enforce. Because claimant was not represented at mediation, the JCC observed the statute specifically mandated judicial approval of the settlement before it became final and enforceable. E/C …
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