MAY CASE LAW REVIEW

In the May issue of MKRS Law’s Case Law Update, we review the following:

Dilma Celeny Santizo Perez v. Genaro’s Corporation d/b/a King’s Food and Meat Bazaar (1^st DCA 5/19/2014)

Facts:  Surviving dependents of an employee of King’s Food challenge Order from JCC denying compensability of accident, injuries, and death. Claimant began to gather shopping carts from King’s parking lot and he was struck by car and died a few weeks later of severe brain injuries. Driver claimed his actions were in reaction to Claimant sexually harassing his girlfriend, a cashier at Kings.

JOHNS EASTERN COMPANY and INDIAN RIVER COUNTY BCC, Appellants, v. JERALD BELLAMY

Facts:  A question of compensability for a fire fighter for hypertension and premature ventricular contractions and E/C obligation to overcome the rebuttable presumption of occupational causation.

STEVEN M. LORD, Appellant, v. SANTA ROSA CORRECTIONAL INSTITUTE / THE DIVISION OF RISK MANAGEMENT  

Facts:  Claimant suffered a compensable injury on September 28, 1999, and the E/C accepted the injury as compensable and authorized Dr. Kalaji as Claimant’s primary care provider (PCP). Eventually, Dr. Kalaji discontinued seeing workers’ compensation patients, and Claimant requested authorization of a new PCP. At mediation, E/C agreed to authorize a new PCP, and stipulated to fee entitlement. The E/C had trouble finding a doctor who would agree to serve as PCP for Claimant, during which time the Claimant moved to enforce the mediation agreement.  The E/C’s selected Dr. VerVoort to be Claimant’s new PCP.