Luks Santaniello's Florida Workers Compensation blog

This May 29, 2012 1DCA decision reverses Judge Hill's JCC decision. The claimant filed a PFB and the JCC determined that the “initial response” was the November 9 documents prepared by the EC (notice of appearance, request for production, letter of representation, notice of deposition, and letter to the mediator) the JCC concluded that because the E/C did not assert an SOL defense, the E/C had waived that defense. The E/C argued that its initial response to the Petition for Benefits was filed on November 10, 2009. Based on the case of Certain v. Big Johnson Concrete Pumping, Inc., 34 So. 3d 149 (Fla. 1st DCA 2010), the 1DCA ruled that that the “initial response” has to explicitly state a position either denying or conceding the particular claims therein.

This February 23, 2012 1DCA decision affirmed in part and reversed in part Judge Hill's JCC decision. The issue at the JCC trial was a change in primary care physician. The JCC awarded the change of physician but also denied compensability of the accident. Both parties appealed. The E/C argued that the Claimant was not entitled to a change of physician because her condition was non-occupational. The Claimant cross-appealed arguing that the JCC’s finding of noncompensability is legally inconsistent with the  award of a change of physician.  The 1DCA addressed the cross-appeal first. The 1DCA affirmed the JCC's decision denying compensability of the accident. The 1DCA indicated that the claimant did not show that the JCC erred in ruling the accident not compensable. "The sole basis of Claimant’s challenge on compensability is that the order is incongruous with the award of a change of physician. Claimant did not present this argument ...