Luks Santaniello's Florida Workers Compensation blog

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 ...

This August 10, 2012 opinion reverses Judge Rosen's ruling. The 1DCA held that the JCC erred in making findings on matters outside of the issues framed for the hearing. The JCC had denied a claim for PTD benefits basd on the grounds that the claimant had not proven the existance of a back injury due to rpetitive trauma with a date of accident of January 26, 2004. The PFB filed by the claimant never raised the issue of compensability. In this case, the claimant had a prior accident while working for the same employer. That case never resolved. On March 10, 2004, the claimant resigned from the employer. However, it was not until 2010 that the claimant filed a PFB for PTD benefits using March 10, 2004 as the start date for the PTD benefits. The PFB mentioned a repitive trauma accident. He used January 26, 2004 as the date of accident. The PFB assumed that the accident was accepted as compensable. The JCC ruled that the claimant did not establish a repetitve trauma to his back. ...