KOTLER LAW | Workers Compensation Lawyer
Jose Ramon Nunez v. RC Home Showcase was a Miami workers’ compensation case regarding temporary partial disability (TPD) benefits and the date of maximum medical improvement (MMI). An expert medical examiner (EMA) was appointed to determine the disputed MMI of the claimant. The claimant’s Daubert objection was overruled, but the EMA’s opinion regarding the major …
In the Orlando workers’ compensation case of Samantha Hess v. Circle K, the E/C objected to the designated expert medical advisor (EMA) due to bias. They requested a different EMA, but were rejected. Employer’s objection SUSTAINED The 440 Authority
Michael Emmanuel v. ADP Totalsource Co XXI Inc, a Miami workers’ compensation case, regarded an order for a one-time change of physician (OTC). Though the OTC was awarded, it was found that the claimant’s complaints were related to a pre-existing condition, causing the employer to withdraw their compensation. After examination of the situation, it was …
The Sarasota workers’ compensation case of Alyssa K. Whitson v. Crispers LLC. concerned the court orders for a work accident from 2008. The claimant’s attorney fought for a wheelchair-accessible van for the claimant, instead of the 24/7 transportation service that had been authorized by the employer. The claimant argued against the transportation service, citing her …
The Lakeland workers’ compensation case of Edwin Bates v. Department of Corrections concerned a claimant’s heart attack. Medical care and temporary total disability (TTD) benefits were granted, and the claimant underwent treatment before being placed at maximum medical improvement (MMI). The claimant attempted to claim compensation for a psychiatric condition resulting from the accident but …
The Ft Lauderdale workers’ compensation case of Hugo Castano v. Nobel Learning Communities (The Sagemont School) investigated the accidental discharge of a firearm in the course and scope of the claimant’s workplace. The claimant was having a discussion with a member of their employer’s hired security service. The claimant was injured in the parking lot, …
Dennis Miller v. World Fiber Technologies was a Panama City workers’ compensation case regarding an accident from 2014.The claimant filed for chiropractic treatment and permanent total disability (PTD) benefits. The employer arose a res judicata defense in response. The Florida Statute does not consider chiropractic services beyond 24 treatments or 12 weeks to be medically …
In the Tampa workers’ compensation case of William T. Sanchez v. His House Children’s Home, the claimant was given authorized care for a workplace accident in 2016. The claimant was prescribed special orthotics, and given an MMI with zero percent impairment and no restrictions. A petition for benefits was filed in 2020, and the employer …
Estate of Ronald McKenzie v. Hi Rise Crane, a Miami workers’ compensation case, regarded an amended petition for benefits (PFB). The amended PFB was filed by the deceased employee’s sister, meant to replace the original PFB that included a fraud acknowledgment. The E/C dismissed the claimant’s PFB, stating that the claimant was not officially appointed …
In the Miami workers compensation case Pedro Rodriguez v. American Airlines, two previous accidents were determined compensable with authorized medical care. The JCC reviewed evidence and found that the E/C de-authorized the claimant’s treating physician without reason and without transferring them to the care of someone else. The E/C additionally argued against the second accident …