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Jennifer Flores EmployeeClaimant OJCC Case No 22017997MA

01/01/2023
injury to be compensable it must either occur as a manifestation of a compensable physical injury or arise out of the workplace accident and be accompanied by a compensable physical injury. McKenzie v Mental Health Care Inc. 43 So. 3d 767 Fla. 1st DCA 2010. Further the physical injury must be one

Category: Panel

ChackoAlvin

06/01/2016
medical care as recommended by psychiatrist Dr. Leonard Elkun psychologist Dr. Andrew McKenzie including the recommended referral to Dr. Bonita Alexander of RIC. Page 10 ofll Alvin Chacko v. Chicago Transit Authority 16IWCC0434 14 we 18959 The Arbitrator also finds that Petitioner is entitled to

Category: Panel

BakerAlbert

10/01/2020
and Section 440.0932 references mental or nervous injury manifesting as a result of an earlier physical injury. See McKenzie v. Mental Health Care Inc. 43 So.3d 767 Fla.1st DCA 2010. In the instant case the evidence presented is indicative of a claim that the treatment being requested is for a

Category: Panel

BakerAlbert

11/01/2020
after 2002. Section 440.0931 references mental or nervous injuries accompanying a physical injury and Section 440.0932 references a mental or nervous injury manifesting as a result of an earlier physical injury. See McKenzie v. Mental Health Care Inc. 43 So.3d 767 Fla.1st DCA 2010. In the

Category: Panel

Garcia-OlivaJacqueline

09/01/2018
term accompanying used in 440.0931 Fla. Stat. is not defined within Chapter 440. However it was construed in McKenzie v. Mental Health Care Inc. to mean at the same time as. McKenzie v. Mental Health Care Inc. 43 So. 3d 767 769 Fla. 1st DCA 2010. Thus the claimant must prove

Category: Panel

Utopia Home Care v . Alvarez

12/18/2020
own separate injury independent of the compensable physical injury. See McKenzie v. Mental Health CareSummit

Category: Cases

VarelaXimenaMayor

03/01/2019
440. A manifestation is a disease or infection that naturally or unavoidably results from an initial compensable workplace injury. See McKenzie v. Mental Health Care Inc. 43 So.3d 767 Fla.1st DCA 2010. Mental or nervous injuries must be demonstrated by clear and convincing medical evidence by a

Category: Panel

PruittKatrina

11/01/2020
problems to be compensable they must either a occur as a manifestation of a compensable physical injury; or b be accompanied by a compensable physical injury. McKenzie v Mental Health Care Inc. 43 So. 3d 767 Fla. 1st DCA 2010. In this case no compensable physical injury has been proven to exist

Category: Panel

Gomez Lawn Service, Inc. v . The Hartford

12/17/2020
is de novo. See McKenzie v. Mental Health Care Inc. 43 So.3d 767 768 Fla. 1st DCA 2010. Section 440.1851 provides that An employee who suffers an injury arising out of and in the course of employment shall advise his or her employer of the injury within 30 days after the date of or initial

Category: Cases

WilkersAndrew

04/01/2020
suffered any physical injury. These additions specifically related to the mental-mental injury of PTSD. See McKenzie v. Mental Health Care Inc. 43 So.3d 767 Fla. 1st DCA 2010. Florida Statute 112.18155 states as follows 5a For the purposes of this section and chapter 440 and

Category: Panel

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