Luks Santaniello's Florida Workers Compensation blog

This December 20, 2012 1DCA decision affirmed Judge Jenkins JCC opinion. The issue being tried was authorization for an MRI of the right shoulder.  In a final hearing in 2009, the JCC ruled that the claimant was at MMI for the right shoulder and that no further treatment to the right shoulder was needed.   In 2012, the claimant was given a prescription for an MRI of the right shoulder and filed a PFB for same. The EC denied the MRI request and  filed a motion for summary final order raising the defense of res judicata.   The sole issue raised by the claimant was that the issue was not appropriate for a summary final order.  The Claimant submitted no affidavits, depositions, or other evidence to substantiate a material issue of fact that would preclude application of res judicata to his claim. Instead, he merely suggested the existence of such facts, providing no supporting evidence as required by rule 60Q-6.120(3), and represented that the treating doctor's deposi

This December 31, 2013 1DCA opinion reversed Judge Rosen's JCC decision. This case had been before the 1DCA in 2012. In the 2012 case, the 1DCA reserved the JCC decision because the JCC erred in admitting and relying upon an unauthenticated report from the Employer/Carrier’s independent medical examiner. The 1DCA remanded the case back to the JCC with instructions to enter a final order awarding PTD benefits based on the uncontroverted opinions of the claimant's IME unless the JCC found the opinion unpersuasive.  On remand, the JCC rejected The claimant IME's opinions because he “was not persuaded”.  The JCC provided no additional factual or legal reasons for the rejection of the uncontested expert opinions regarding Claimant’s status as having reached maximum medical improvement and his permanent work restrictions.   In this appeal, Claimant argues the JCC erred by rejecting the claimant IME's uncontroverted medical opi