JAMES BOCHINO, PETITIONER,
v.
FLORIDA PAROLE COMMISSION, RESPONDENT

Fla. 1st DCA | 2009-05-22
No. 1D08-5723
HAWKES, C.J., ALLEN and CLARK, JJ., concur.
18 So. 3d 613 Florida District Court of Appeal, First District (2009) Positive Treatment
Cited by 9 cases

Opinion of the Court

DENIED. Lopez v. Florida Parole Commission, 943 So.2d 199 (Fla. 1st DCA 2006), and Rivera v. Singletary, 707 So.2d 326 (Fla.1998).

HAWKES, C.J., ALLEN and CLARK, JJ., concur.


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  • Jackson v. Merit Elec. & Ace USA/Esis, 37 So. 3d 381 (Fla. 1st DCA 2010)
    …took the position it had complied with the stipulation, and, because “Dr. Chandler opined back is pre-existing and not related,” denied responsibility for the requested back treatment. Relying on Engler v. American Friends of the Hebrew University, 18 So. 3d 613 (Fla. 1st DCA 2009), the JCC found that the E/C was not barred from challenging the connection between the industrial accident and Claimant’s current need for treatment of his back. As of May 12, 2008, the only treatment recommended by Dr. Chandler…
  • Teco Energy, Inc. v. Williams, 234 So. 3d 816 (Fla. 1st DCA 2017)
    …ger [*821] contest that the accident is the MCC of the injuries. However, an E/C may thereafter challenge the connection between a claimant’s need for specific treatment or benefits and the industrial accident. Engler v. Am. Friends of Hebrew Univ., 18 So. 3d 613, 614 (Fla. 1st DCA 2009); see also City of Pembroke Pines v. Ortagus, 50 So. 3d 31 (Fla. 1st DCA 2010) (holding E/C must pay for treatment as long as compensable condition remains MCC of need for treatment). When a work related injury combines with…
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    …demnity benefits associated with the surgery. ANALYSIS The Compensable Injury Once compensability of an injury is established, sc carrier can no longer contest that the accident is the MCC of the injury. See Engler v. Am. Friends of Hebrew Univ., 18 So. 3d 613, 614 (Fla. 1st DCA 2009) (“Once compensability is established, an E/C can no longer contest that the accident is the MCC of the injuries at issue.”); § 440.13(1)(e), Fla. Stat. (2005) (defining “compensable” as “a determination by a carrier or [JCC]…

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