JCC Langham (Orlando) -Claimant’s Motion for Summary Final Order (MFSFO) denied. The claimant filed a PFB on 7/28/21. There was a Final Compensation Order, Motion for Rehearing and a subsequent Amended Final Order on 3/17/22. The court then vacated the 3/17/22 Order on appeal. This “reinvigorated the claimed benefits” on the 2021 PFB. The claimant sought determination of burden of proof in the MFSFO. In addition, the JCC noted that the movant shall personally confer with the opposing party and the motion shall have a certification. Any motion filed without the certification shall be summarily denied.  Click here to view Order

JCC Anthony (Tampa) –Denied Motion for Sanctions.  The claimant has an active workers’ compensation claim. She walked in a parade and posted the video on Facebook. She referred to the video during her deposition. The video was then deleted from Facebook. The claimant was under an Order not to delete any videos or photos from her social media accounts. She adamantly denied deleting anything from Facebook. She stated as a content creator she received a message from Facebook stating Facebook could delete live broadcasts or videos on their own after 30 days. The judge could not find that the claimant intentionally violated the Order. Sanctions denied.   Click here to view Order

Compensability

JCC Johnson (West Palm Beach) –Denied compensability, TTD and claim for PCP; dismissed with prejudice.  The E/C accepted compensability of the 7/15/24 accident, but not of any injuries. The claimant had numerous pre-existing and prior injuries to the claimed body parts. Additionally, the claimant had hospitalizations, prior injuries and injuries and medical treatment while he was in prison. He denied many of these prior injuries and denied having prior medical treatment.  The claimant secured Dr. Scott Katzman as his IME. Dr. Katzman opined the claimant had some pre-existing arthritis, but opined the claimant had acute injuries as well.  He recommended the claimant see a PCP, pain management doctor, podiatrist and orthopedic. Dr. Katzman was not provided any records as part of his evaluation of the claimant, nor did he take any diagnostics. The claimant did not provide Dr. Katzman with any prior history or prior orthopedic injuries. Dr. Sahai was the E/C’s IME doctor. He was given the claimant’s prior records, which had significant medical findings. Dr. Sahai opined the claimant has long-standing conditions and degenerative findings which are not the result of the 7/15/24 accident. The JCC accepted Dr. Sahai’s testimony over Dr. Katzman and did not find the claimant credible.  All claims were denied and the PFB was dismissed with prejudice.  Click here to view Order

JCC Medina-Shore (Miami) –All claims denied due to no employer/employee relationship.  The claimant was hired by “Guillermo” to help with roofing on a residence.  The claimant had an agreement with Guillermo regarding the pay for the claimant. Guillermo brought the claimant to a residence where Sky View Roofing (the employer) was working. The claimant fell off the roof approximately 15 feet, resulting in multiple injuries. According to the employer’s testimony, Guillermo was an employee of Sky View Roofing, but Guillermo was not authorized to hire employees or pay employees, and the employer testified they  did not have WC insurance as the company had fewer than four employees.  In addition, there was conflicting testimony from the claimant and the employer regarding a meeting and an offer to pay for medical bills. It was undisputed that Guillermo was an employee of Sky View Roofing. Reviewing the totality of the evidence and the fact that Guillermo had no authority to hire employees, the JCC found no evidence that Sky View Roofing was the direct employer of the claimant.Click here to view Order

Indemnity

JCC Kerr (Miami) –Motion for Summary Final Order (MFSFO) granted. On 5/2/23, the claimant suffered a hypertensive episode resulting in a compensable stroke. He was placed at MMI with a 30% PIR by Dr. Perloff.  The claimant also had a compensable claim for PTSD. He was placed on a no-work status by his treating psychiatrist. The E/C did not respond to the MFSFO. Because there was no response, there was no rebuttal to the no-work status placed on the claimant. The claimant argued the permanent “no-work” status assigned by the psychiatrist met theBlake criteria of permanent medical incapacity to engage in at least sedentary employment. MFSFO granted, and claim for PTD and supplemental benefits granted.  Click here to view Order

JCC Jacobs (Orlando) –AWW adjustment, past indemnity and PFB all denied with prejudice. The claimant fell while working as a manager in training at a restaurant in a compensable accident. The claimant argued his AWW should be based on a contract of hire as the claimant had not worked 13 weeks prior to the date of accident. The E/C argued the claimant’s AWW should be based on the claimant’s total actual earnings, divided by the eight weeks the claimant actually worked. There was no similar employee. The claimant missed several days of work for numerous reasons and his workplace accident was halfway through the training program. The claimant stated his lost time was not within his control. The JCC rejected that testimony. The claimant did not meet his burden to show the AWW should be adjusted upward and the JCC accepted the average of the actual hours the claimant worked as the AWW.   Click here to view Order

JCC Lewis (Fort Lauderdale) –Granted payment of IIBs.  The claimant had a compensable accident with multiple injuries, including his bilateral shoulders.  For his left shoulder, he treated with Total MD, Dr. Meli and Dr. Baylis. All three recommended surgery on the left shoulder. The claimant decided not to have surgery and therefore Dr. Baylis placed the claimant at MMI with no restrictions and 0% permanent impairment. Dr. Hodor, the claimant’s IME, assigned a 9% PIR for the left shoulder and a 3% for the right shoulder. Dr. Baylis opined that Dr. Hodor’s ratings were extremely high and should be lower.  The JCC accepted the opinion of Dr. Hodor over Dr. Baylis specifically discussing that the claimant still had pain in his shoulders and Dr. Hodor used a Goniometer to measure the claimant’s shoulder range of motion and Dr. Baylis did not use a measuring tool.   Click here to view Order

Medical

JCC Walker (Pensacola) -Claim for authorization of C3-7 fusion surgery denied; TPD denied.The claimant alleged an injury during the performance of his duties as a security officer. The claimant originally alleged a left-arm injury. He was treating with Dr. Cason. Two to three weeks after the accident, the claimant noted neck pain. Dr. Cason’s PA ordered an MRI.  The claimant’s cervical MRI showed multi-level cervical spondylosis, which is a chronic condition. Dr. Cason’s PA recommended a C3-7 fusion for the claimant’s neck condition.  The E/C argued the workplace accident was not the MCC of the neck complaints.  The E/C’s IME was Dr. Michael Gilmore. The JCC accepted the E/C IME’s opinion that the workplace accident was not the MCC for any cervical treatment or need for neck surgery. The claim for fusion surgery and TPD was denied as the workplace accident was not the MCC of the requested surgery.  Click here to view Order

JCC Kerr (Miami) –Appointment with Dr. Grossman and Dr. Baylis denied and PFB dismissed.The claimant’s low back and shoulder were injured in 2015. The claimant was referred to an orthopedist and Dr. Meli was authorized. He diagnosed the claimant with a lumbar strain. He placed the claimant at MMI on 2/11/16. The claimant had scoliosis and severe osteoarthritis. The claimant then came under the care of Dr. Baylis for her shoulder and Dr. Grossman for her lumbar strain.  The claimant was placed at MMI for her shoulder on 2/24/22 at PIR 0%. The claimant retained Dr. Ray to perform an IME.  He conducted an updated IME on 11/19/25.  He opined the claimant needed further treatment due to her subjective complaints. The E/C retained orthopedic spine specialist Dr. Fernandez to perform an IME on the claimant. His physical exam of the claimant was normal except for minor reduced range of motion in the right shoulder. He agreed with Dr. Baylis that the claimant was at MMI on 2/24/22. He also opined the claimant attained MMI for her low back in 2016. He based his findings on objective tests.  The claimant argued the SOL on the 6/13/25 PFB was tolled due to the filling of a prescription on 7/4/24.  JCC ruled the 6/13/25 PFB was timely filed; however, the JCC found the records from the Dr. Baylis and Dr. Grossman placed the claimant at MMI and the JCC accepted the objective medical testing of Dr. Fernandez over the subjective testing of Dr. Ray and therefore, no follow-up visits are medically necessary.Click here to view Order

JCC Havers (Miami) –Awarded authorization of CPAP machine.  Dr. Nedd, claimant’s provider, prescribed a CPAP machine. The E/C argued there was no causal relationship between the CPAP machine and the workplace accident. The claimant had a compensable workplace accident that resulted in a head injury. There was no dispute the claimant needed a CPAP. The question was whether MCC of the need for the CPAP machine was the claimant’s work accident. Dr. Nedd was the claimant’s provider and opined the need for the CPAP was her workplace accident. Dr. Herskowitz, the E/C’s IME, opined the claimant’s morbid obesity was the MCC of the sleep apnea. The claimant was taking Cymbalta due to the workplace accident. Weight gain is a side effect. The JCC ruled the claimant’s weight gain caused sleep apnea and therefore, the need for a CPAP was due to the workplace accident.   Click here to view Order

Settlements

JCC Newman (Tallahassee) -Motion to Enforce Settlement Agreement denied. There was an agreement to settle at mediation. However, there was an outstanding hospital bill that the claimant wanted the E/C to pay as part of the settlement. The E/C had denied the bill.  When the settlement documents were sent back and forth, there was a disagreement over which party would be responsible for the bill. The claimant said she would not have agreed to the settlement if she had to pay the bill. The E/C said they would not have settled if they had to pay the bill. The JCC weighed the evidence of the settlement agreement between the parties. There was no evidence presented to the court by either party regarding the hospital bill. Therefore, the JCC found there was no meeting of the minds and the Motion to Enforce Settlement Agreement was denied.   Click here to view Order

Attorney’s Fees and Costs

JCC Anderson (Orlando) -Motion for Attorney’s Fees and Costs dismissed without prejudice. Four PFBs were the subject of a final hearing. An Amended Compensation Order was entered on 4/9/26. The claimant filed an additional PFB on 1/21/26 that the claimant voluntarily dismissed on 4/15/26, but reserved jurisdiction as to attorney’s fees and costs. This PFB was not included in the Motion for Attorney’s Fees and Costs.The claimant’s motion was dismissed to file an amended motion to include attorney’s fees and costs from all five PFBs.  Click here to view Order

JCC Arthur (Tampa) -Attorney’s Fees awarded in the amount of $20,068.00. The JCC found a statutory fee was unreasonable for the number of hours and amount of skill needed for the litigation of the claim. There were four PFBs filed over eight years and three claimant depositions taken. The JCC awarded 50.17 hours at $400.00 per hour to the claimant’s attorney.  Click here to view Order