Adam A. Levy, Esq. Lauren M. Levy, Esq.
Workers’ Compensation Digest - Florida: Judge of Compensation Claims Orders Throughand Including 1/7/13
In Padgett v. Clay County Board of Commissioners, OJCC Case # 11-021020RJH,
D/A 7/23/11, Judge Humphries in a 1/4/13 order denied the firefighter claimant’s petition for compensability of his stroke. Each party presented the testimony of their IME. The claimant IME opined that the stroke was due to the claimant’s hypertension. The E/C had already stipulated that the claimant did not have pre-existing hypertension or heart disease and that the statutory presumption of Section 112.18 would apply. In contrast the E/C IME opined that the claimant’s hypertension was caused by his pre-existing polycythemia [high blood cell count]. The hypertension was further aggravated by the claimant’s use of testosterone and Anastrozole [an estrogen inhibitor] to treat his personal low testosterone condition. The JCC appointed Dr. Michael Nocero as the EMA. The EMA agreed with the E/C IME. The claimant admitted to the use of testosterone at the time of his stroke. He denied that he was using Anastrozole, however, claiming he discontinued it sometime ago. The JCC rejected the claimant’s testimony as self serving, based especially on the pharmacy records of the claimant’s prescription refills. The claimant had refilled his Anastrozole prescription only a few days before his stroke. The JCC therefore accepted the EMA opinion that the claimant’s hypertension and consequent stroke were due to non-industrial causes. The JCC also found that the EMA’s opinion was sufficient to rebut the statutory presumption of Section 112.18.
In Miles v. Horizon Staffing, LLC, OJCC Case # 12-027894NSW, D/A 10/12/12,
Judge Winn in a 1/4/13 order granted the claimant’s motion for an advance in part. The claimant first argued that she had “not returned to the same or equivalent employment with no substantial reduction wages.” The JCC noted claimant had returned to work light duty until November. Even though the claimant had not worked since November, she had returned to work after her injury for a time. See Worthy v. Jimmie Crouter Excavating, 100 So.3d 727 (Fla. 1st DCA 2012). The claimant next argued that she had suffered a loss of earning capacity. The JCC noted that earning capacity refers to the claimant’s future ability to earn wages. Therefore, the claimant required the testimony of someone of qualified expertise, such as a vocational expert. The claimant’s own lay opinion, even if uncontroverted, will not suffice. The claimant last argued that she suffered a physical impairment. Since the claimant’s injury was not open and obvious (she injured her knee, neck, and low back), the JCC required medical evidence to satisfy this element, not merely the claimant’s own lay testimony. The claimant satisfied it with a DWC-25 form listing work restrictions. While the claimant made reference to other monthly bills, she only testified to being behind in her rent by three months. Therefore, the JCC award an advance of three months’ rent, or $741.00.
In Torres v. Sedano’s Supermarket, OJCC Case # 12-019948DAL, D/A 4/24/12,
Judge Lewis in a 1/7/13 order decided not to impose sanctions on the claimant attorney, ElvisAdan, Esq. The claimant attorney had failed to attend the mediation conference and tried toattend telephonically without advance approval. The JCC had entered an order to showcause, but the claimant attorney failed to respond. The JCC entered a second order to showcause and scheduled a hearing. At the hearing, the claimant attorney explained that he wasconfused as to the location of the mediation conference and thus was unable to attend. Healso explained that he did not receive the first order to show cause. The JCC noted that thisparticular attorney had previous failures in other cases before the same JCC. Moreover, theE/C pointed to other discovery orders in this case with which the claimant attorney had notcomplied. Despite this “pattern of behavior which must be addressed and remedied,” theJCC imposed no sanctions. The JCC did warn that future violations will “will not betolerated and shall result in the imposition of sanctions.”
We hope this information has been helpful. Let us know if you have any
questions, or would like to discuss further by contacting [email protected],or calling (813) 259-5389.
Early the next morning, a plumber’s truck parked near the Pitzker Antiquities shop. The driver was a man in overalls and a painter’s cap. He climbed out of the cab, a wrench in his hand, and “Hi, Marta,” he said. “Are they open?” “Not yet.” Also dressed in worker’s overalls, she was staring through a small telescope that she had pressed against the wall of the truck. “Oh,
The new england journal of medicine This Journal feature begins with a case vignette highlighting a common clinical problem. Evidence supporting various strategies is then presented, followed by a review of formal guidelines, when they exist. The article ends with the author’s clinical recommendations. A 42-year-old woman presents with a palpable mass on the left side of her neck.