TIMELY REPORT
Defense Wins
In Catchings v. Wood Stork Delivery/NA Risk Services/National Liability & Fire Ins., 25-023839, d/a 8/27/25, JCC Weiss found there was no work injury. CL’s testimony that she reported a work injury was not credible. CL testified she told co-workers, but co-workers testified CL never reported any injury to them. Although CL forwarded medical records and asked for accommodation, this did not suffice to report a work injury where the CL had previously had work restrictions for a prior unrelated back problem. CL Counsel: Russell Whittle
In Nolan v. Santa Rosa/Davies Claims, 25-007005, d/a 10/10/23,JCC Walker found CL failed to timely report the injury under F.S. §440.185. testimony of EC’s 4 witnesses said that CL never reported a work injury. CL”s explanation that he didn’t report the accident due to shock was rejected CL had prior experience with reporting work accidents and could have reported the accident after the shock subsided. CL Counsel: Kyle Griffin
CL Wins
In Avina v. Howell Logging/Bitco General Ins., OJCC # 23-026785, d/a 9/26/23, PCA date: 1/23/26, the 1st DCA affirmed awarded medical care and evaluation rejecting EC’s notice defense but denied TP. CL’s testimony was accepted over the Employer’s that CL advised of his injury on the date of the accident. The employer rep agreed CL left early on the date of the accident and returned a few days later with documentation from the hospital. CL’s testimony that he could not work due his back pain was equivocal and lacked credibility. CL never attempted to return to work or inquire about light duty. CL further refused to answer whether his SS status hindered his ability to find work. CL IME Dr. Scott’s MCC opinion was accepted over EC IME Dr. Lowell’s opinion that there were no objective findings to support the accident was the MCC of CL’s back pain. Dr. Lowell admitted that CL could have strained his back in a lifting accident. Dr. Scott documented a positive straight leg raise, antalgic gait on the right side, mild weakness in the lower extremity and decreased sensation in a pinprick test. CL Counsel: Angel Garcia, Jaime Gonzalez, Michael Winer, Gil Panzer
COURSE AND SCOPE
Defense Wins
In Brown v. Tampa Family Health Centers/CCMSI, 25-006283, d/a4/2/24, JCC Massey denied a PFB and found injury which occurred during an unpaid lunch break at a baby shower did not arise out of CL’s employment. CL Counsel: John Williams
In Oropesa v. Sunbelt Rentals Scaffolding Services/Charter Oak, OJCC # 23-020907, d/a 6/27/23, PCA 2/5/26, JCC Anderson found CL did not prove he was injured in a work accident. CL was the only witness and he was not credible. CL testified at the final hearing and his answers were nonresponsive, evasive, or inconsistent with his prior testimony and statements to health care providers. CL was treating for the same body part 6 months prior to the d/a. Treatment records from the d/a did not mention any accident. CL denied any pre-existing injury or treatment to EC’s IME Dr. Patel (Orthopedist) and CL IME Dr. Fiore (Orthopedist). When confronted, CL noted he did not understand English and was relying on his domestic partner. CL was 52 and lived and worked in Florida his entire adult life. It was not believable that he could not understand spoken English, especially where he testified he could read some things in English. Dr. Patel testified a translator was present. Dr. Fiore testified that his entire staff speaks Spanish and his exam was conducted in Spanish. CL Counsel: Bradley Smith, Nicolette Tsambis
CL Wins
In Lavielle v. Dental Care Alliance/PMA, OJCC # 25-015245, d/a 9/12/23, JCC Havers awarded compensability finding the personal comfort doctrine applied. CL was injured when she fell in a common area bathroom outside the employer’s premises. Bathroom use provides a benefit to the employer by refreshing the employee. Coworkers and CL’s supervisor testified that employees routinely used the common area bathroom, that employer knew and condoned use of the common area bathroom, and employees were given keys to the common area bathroom. CL Counsel: Nicholas Palomino, Martha Fornaris
We hope this information has been helpful. Let us know if you have any questions, or would like to discuss further by contacting ALevy@LevyandLevyLaw.com, or calling (813) 259-5389.
