Florida Law Weekly - Rissman, Barrett, Hurt, Donahue & McLain, PA

7. JCC decision review
KFC/Yum! Brands v. Benjamin Moore, 1D10-0599 (Fla. 1 st
October 29, 2010)
DCA
At Final Hearing, the JCC accepted the opinion of the
claimant’s long time treating physician over that of the E/C’s
IME. On appeal, the E/C pointed out inconsistencies in the
treating physician’s opinion and the claimant’s medical history.
The E/C argued the JCC should have accepted the IME opinions
over that of the authorized provider. The 1 st DCA held that the
JCC’s decision was backed by competent substantial evidence.
The 1 st DCA found the provider’s testimony, when taken as a
whole, is neither unreasonable nor illogical, and has a legally
sufficient foundation.
8. Occupational Diseases
City of Pembroke Pines v. Ortagus, 1D09-6168 (Fla. 1 st
November 2, 2010.
DCA
The claimant is a firefighter and was diagnosed with
hypertension. He was placed on light duty for four days and
then released to return to full duty. Thereafter, his
authorized provider gave him a prescription for medication to
control the hypertension. He requested the E/C pay for the
medication. The E/C denied the request arguing that statute
112.18 only requires the E/C to provide continued medical
treatment when the claimant is totally or partially disabled.
It argued the claimant is no longer totally or partially
disabled because he was released to full duty. The 1 st DCA held
that once compensability is established, nothing in section 440
conditions the receipt of medical benefits on continued
disability.
9. Counsel Disqualification
Matrix Employee Leasing v FWCIGA/First Commercial Claim Services
1D10-3054 (Fla. 1 st DCA November 2, 2010)
The issue is whether the JCC has jurisdiction to rule on a
Motion to Disqualify Counsel. The First DCA held that because
the JCC is empowered to do all things conformable with law
pursuant to Section 440.33 (1), the JCC has jurisdiction to
determine whether rules regulating the Florida Bar 4-1.9 and 4-
1.10 require the disqualification of a counsel.