Florida's First District Court of Appeals ruled that it is not res judicata to raise a claim for permanent total disability if claimant previously petitioned for benefits when not yet at the level of maximum medical improvement.
In Olmo vs. Rehabcare Starmed/SRS (1D05-4393, 05/31/2006), Ms. Olmo was at work for Rehabcare Starmed (Rehabcare) as a certified nurse's assistant on May 29, 2001, when she injured her back while assisting a patient. As a consequence, Rehabcare and its insurance carrier, Specialty Risk Services, Inc. (SRS), began paying temporary disability benefits, after which the...
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