January Case Law Review

Miami1

In our January 2015 Case Law Review we change things up a bit, as it was a slower news month for the 1st DCA. Instead, we explore some noteworthy and interesting JCC trial orders.

DeWaal-Navas v. City of Gainesville

OJCC Case No. 14—018123MRH (1/16/15)

Judge Hill, Gainesville District

Issue: Whether the Claimant was an “employee” at the time of her motor vehicle accident between the HR department and the lab facility as part of her pre-employment physical exam to determine whether she was in the course and scope of her employment at the time of injury?

Ginyard v. Southeast Personnel Leasing, Inc.

OJCC Case No. 14-021707MAM   (1/27/15)

Judge Massey, Miami District

Issue: Whether the Claimant satisfied his burden to prove entitlement to a $2,000.00 advance?

Navarro v. Contender Boats

OJCC Case No. 13-014039MRH   (1/23/15)

Judge Hill, Gainesville District

This is a case in which other issues were adjudicated, however, we will focus on one issue to compare to a previous case on this same narrow issue. 

Issue: Whether the failure to copy defense counsel on a one time change request nullifies a written request sent to the Carrier alone (for purposes of determining who selects the doctor)?

Coleman v. American Airlines

OJCC Case No. 12-010751RJH    (10/24/13)

Judge Humphries, Jacksonville District

Facts: On 1/29/13, Claimant’s counsel faxed a letter to the Carrier’s main line, addressed to “Grievance Coordinator,” without identifying the claim or OJCC numbers, or the adjuster’s name (of whom counsel was aware), and without copying defense counsel (of whom counsel was aware).  The Carrier was not governed by Managed Care, a fact which was established that Claimant’s counsel should have been aware. The request for a one time change was “buried” within two pages of various medical and indemnity requests. On 3/1/13, Claimant’s counsel filed a PFB requesting a one time change with a physician of her choice. On 3/5/13, defense counsel filed a Response authorizing a one time change of the E/C’s choice.

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