The answer is No.  The First District Court of Appeal recently issued an Opinion in Boley Centers, Inc./Comp. Options v. William Vines, Case No. 1D14-5869 (November 16, 2015).  The First District Court of Appeal held that the JCC erred when he ordered the E/C to pay the providers and any third party payers for all…

The First District Court of Appeal addressed this issue recently in the case of Edwin Vazquez v. Carlos Romero, et. al., Case No. 1D15-0623 (November 9, 2015).  In that case, the claimant filed a PFB against several employer/carriers, and all of them denied compensability based on no employer/employee relationship.  The claimant then dismissed his PFB…

The First District Court of Appeal recently issued an Opinion dealing with a claimant’s entitled to TTD and PTD after the expiration of the 104 weeks.  In Jose Gomez-Lujano v. Palm Beach Grill-Houston’s Restaurant and Travelers, Case No. 1D15-670 issued on November 19, 2015, the claimant received his 104 weeks of temporary indemnity benefits.  He…

More than one year ago the Florida Supreme Court held Oral Arguments on the case of Marvin Castellanos v. Next Door which challenges the constitutionality of statutory attorney’s fees in workers’ compensation.  After one year no decision, which to me it means that a decision has been written but some Justices are working on dissents…

Section 440.15(4)(a), provides that a claimant is entitled to TPD if he/she demonstrates a causal connection between the compensable workplace accident and subsequent wage loss by proof of physical restrictions that prohibit the injured employee from performing all or his/her job duties.    Nevertheless, under Section 440.15(6) if a claimant refuses employment, he/she will be barred…

Our law firm recently obtained a favorable judgment from the JCC denying a claim for Modification of a prior Final Order. (Carlos Blanco v. City of Hialeah/Sedgwick MCS OJCC No. 13-002455GCC).  We prevailed on the original Final Order where claimant was seeking PTD and we again prevailed on claimant’s request for Modification.  Unfortunately, the law…

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