In the March issue of MKRS Law’s Case Law Updates, we review the following:
Luces v. Red Ventures
Case No. 1D13-1001 (Fla. 1st DCA February 28, 2014)
Take-away: If a $1,500.00 medical-only fee is not approved, it is wise to file a Motion for Rehearing if the fee is unilaterally remitted to the Claimant by the JCC (especially if you have included protection language in your Mediation Agreement).
Jones v. Shadow Trailers, Inc.
Case No. 1D13-4168 (Fla. 1st DCA March 18, 2014)
Take away: Even if the parties stipulate to “medical only” fee entitlement, the JCC may not approve it if the pleadings make it clear that benefits were provided timely by the Employer/Carrier.
White v. State of Florida, Doc Holmes Correctional Institute
Case No. 1D13-2631 (Fla. 1st DCA March 4, 2014)
Take away: Although it is not clear how the authorized physician would have assigned a PIR without addressing MMI, certain benefits are not “automatically due” simply because they arose during the 120-day period. However, this opinion should not be taken too far as to believe that the Employer/Carrier is “off the hook” for payment of certain benefits, even if they timely deny compensability during the 120-day period (as adjudicated by a JCC).
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