Skip to main content

De la Cruz v Able Body Temporary Staffing

This March 6, 2012 1DCA opinion affirmed in part and reversed in part the JCC decision of Judge Sojourner.

In this case, the claimant filed several petitions for benefits after injuring his right knee and left wrist in a workplace fall.  Among other things, Claimant sought authorization for a total knee replacement and TPD benefits related to the wrist injury that the Employer/Carrier had accepted as compensable.  The 1DCA held that the  JCC correctly held that the workplace accident was not the major contributing cause of Claimant’s need for knee surgery, and therefore, denied all related claims. The 1DCA affirmed that portion of the order.

However, the 1DCA opined that the JCC did not rule on the TPD claim for the claimant's compensable wrist injury.  The 1DCA held that "Failure to rule on a fully tried issue is reversible error". To support their position, the 1 DCA cited the 1997 Betancourt v. Sears Roebuck & Co. Case. 

The 1DCA affirmed the Final Compensation Order in part and reversed it in part, and remanded it to the JCC to rule on Claimant’s TPD claim related to his wrist injury

click here to see the 1DCA opinion
Labels:

Comments

Post a Comment

Popular posts from this blog

Arlotta v city of West Palm Beach

A March 26, 2012 1DCA decision that reversed JCC D'Ambrosio. This case continues to show the importance that the 1DCA is putting on Expert Medical Advisors (EMA). Judges of Compensation Claims have less and less control In a case where there are conflicting medical opinions. In this case, there was a conflicting medical opinion and Judge of Compensation Claims appointed an EMA to address “the issues of 1) whether the Claimant has gynecomastia, 2) the cause of the gynecomastia, and 3) what treatment is recommended.” However, before the claimant was seen by the EMA physician, the claimant had an unauthorized surgery. The claimant wanted to give copies of the unauthorized medical records to the EMA. The Employer/Carrier filed a motion to dismiss the Claimant's claims arguing that Claimant’s unilateral decision to undergo surgery prevented the EMA from answering the questions put to him and that the E/C had been prejudiced in its ability to defend the claims. The JCC fou...
1 comment
Read more

Medicare and Workers Compensation

Medicare is like the mob. They’re protecting their turf.  Some have chosen not to pay heed to their warnings. They have given us warnings. Non compliance is everywhere. Medicare ain’t playing.  It’s mandatory. Know the facts, be proactive-start compliance efforts early. #LSlaw
Post a Comment
Read more