KOTLER LAW | Workers Compensation Lawyer
In Pellegrino Sorice v. Rayz Remodeling Inc and None the uninsured and unrepresented employer failed to attend the pre-trial conference, and as a result all defenses were stricken. At trial, the employer contended claimant was an independent contractor, while claimant countered he was engaged in the construction industry and was an employee. The JCC rejected …
Pellegrino Sorice v. Rayz Remodeling Inc and None Read More »
In Robert Sanchez v. Reedy Creek Improvement District and Commercial Risk Management, Inc. following a final compensation order denying all claimed benefits, the E/C moved to tax costs as prevailing party. Claimant did not file a response to the motion. Consequently, the JCC accepted the allegations of the verified motion as true. Taxable costs ASSESSED …
Robert Sanchez v. Reedy Creek Improvement District and Commercial Risk Management, Inc. Read More »
In Erika Kogut v. Achieveability Therapy and Ascendant Claims Services claimant moved to enforce a mediation agreement calling for the E/C authorization of an FCE. E/C responded, asserting they had already complied with the agreement. Neither the motion nor the response was verified and the respective allegations were clearly in conflict. The JCC opted not …
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In Charlene D. Kinley v. Sunrise Community Inc. and PMA Management Corporation Claimant sought authorization for shoulder surgery recommended by the authorized provider. The E/C denied the surgery, claiming the claimant’s work accident was not the major contributing cause of the need for the surgery. Claimant argued she was entitled to authorization of shoulder surgery …
Charlene D. Kinley v. Sunrise Community Inc. and PMA Management Corporation Read More »
In Miguel Cuervo v. XPO Logistic and Sedgwick CMS because claimant filed his motion for summary final order just one month before the scheduled final hearing, the JCC found the motion to be untimely pursuant to Rule 60Q-120(2) which requires such motions to be filed outside of 45 days of hearing. Motion DENIED.
In Arlencia Johnson v. HCA Florida Capital Hospital and Broadspire Services, Inc. finding claimant met the entitlement and eligibility requirements for a $2,000 advance, the JCC GRANTED claimant’s motion for advance.
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 …
In Carissa Battle v. Palm Beach County School District and Sedgwick CMS the E/C accepted compensability of claimant’s left foot injury but denied claims related to arm, hand and shoulder injuries. Claimant alleged the knee scooter provided for her foot injury was defective and caused her to fall and injure the disputed body parts. Other …
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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 …
In Timothy McCormack v. Manatee County and Commercial Risk Management, Inc. although claimant filed a response to the E/C motion to tax costs as prevailing party, the JCC found the response failed to provide a detailed recitation of the matters disputed other than a general complaint that a cost award would be unfair. The JCC …
Timothy McCormack v. Manatee County and Commercial Risk Management, Inc. Read More »