KOTLER LAW | Workers Compensation Lawyer
In Eugene Hardin v. Heyl Truck Lines, Inc., CBCS, and Travelers Indemnity Company of America, and Eric M. Christiansen the Claimant who was unrepresented filed a petition for writ of prohibition. The underlying order concerned allegations by claimant that his former attorney breached their retainer agreement. The JCC rejected. The First DCA DISMISSED the petition, …
In Yvenor Moresca v. Employer Solutions Services, Inc., Star Bakery, Inc. and CCMSI the Claimant filed a petition for benefits. The E/C agreed to provide medical benefits as well as costs but fees were denied. The costs were not paid by E/C so Claimant sought attorney fees for securing costs. The E/C argued that they …
Yvenor Moresca v. Employer Solutions Services, Inc., Star Bakery, Inc. and CCMSI Read More »
In Reginald Horton v. City of Miami Beach and Corvel Corporation the Claimant and the E/C filed motions in limine attempting to exclude the medical opinions of the other party. The JCC sustained hearsay objections to certain genetic testing reports and a records custodian deposition after numerous objections. After careful review, the JCC concluded the …
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In Osdany Rodriguez v. Bradco Corporation and Liberty Mutual Insurance E/C filed a Motion to Dismiss for Lack of Prosecution. Claimant filed a response in objection to the motion. E/C is seeking an order dismissing all pending PFBs due to the lack of record activity on the OJCC docket for more than the previous 12 …
Osdany Rodriguez v. Bradco Corporation and Liberty Mutual Insurance Read More »
In Michael McAuliffe v. W 2 Services, Inc and Summit, Bridgefield Employers Insurance Company a washout settlement of $12,500 was reached and E/C filed a Motion to Enforce Settlement Agreement. Claimants counsel testified that he had authority to settle for the amount of $12,500 however Claimant denied giving authority to settle. The JCC accepted the …
In Joseph Guerrera v. Becton Dickinson & Co. and Sedgwick CMS Claimant challenges an order of the JCC denying Claimant’s verified petition for attorney’s fees. Counsel for the claimant secured an increase in the AWW but the JCC denied E/C-paid fee entitled finding that “no actual or real benefit was secured”. The court found reversible …
Joseph Guerrera v. Becton Dickinson & Co. and Sedgwick CMS Read More »
In Jesus Hernandez v. Asplundh Tree Expert and Sedgwick CMS, XL Insurance America the Claimant filed a financial Affidavit in conjunction with his Motion and E/C filed a Response in Opposition to Claimant’s Motion for Advance. After review of the financial affidavit, the JCC found enough evidence for claimant to meet the entitlement and eligibility …
Jesus Hernandez v. Asplundh Tree Expert and Sedgwick CMS, XL Insurance America Read More »
In Joshua Peel v. B&B Lawn Maintenance and Pressure Washing LLC and Cannon Cochran Management Services, the claimant filed a PFB on 11/3/21 and after the E/C performed an investigation and defense of the claims the claimant withdrew the PFB on 2/1/22. Here, E/C filed a verified Motion to Tax Costs. No verified response was …
In Felix Castillo v. Tirado Remodeling Group Inc and Norguard Insurance Company, Gallagher Bassett Services, Inc. the Claimant filed a verified petition for entitlement to an E/C paid fee. The JCC found that the claimant’s verified petition did not comply with Procedural Rule 60Q-6.124(3)(a)(3) as the benefits secured are not clearly delineated in the verified …
In Zaire Sanders v. The Smoking Pie and None the claim was settled at mediation. The Employer agreed to pay $8,000.00 as settlement of the claim. The Claimant asserted that the Employer has not complied with the terms of the agreement and settlement. The Employer was unrepresented and did not appear at the motion hearing. …