Bonhomme v. Staff Team Hotels Corp / Frank Winston Crum Ins.

HR Law Cases

___ So.3d ___(Fla. 1st DCA 10/12/2022)

Compensability/Notice

(Rogers Turner / trial & Bill Rogner / appeal) – Oral Argument at 12/21 WCCI Comp Conference

In a 13-page Opinion, the DCA affirmed the JCC’s denial of compensability, and found they could affirm on a lack of timely notice, as well as the claimant’s failure to sustain his burden to provide evidence of causation or injury. The claimant alleged injury at work while lifting mattresses. However, ER visits over the ensuing several months effectively lacked any evidence to support that contention.  After filing a PFB, the claimant provided testimony indicating that he knew at the time he carried the mattresses he injured his neck, but alternately argued he was unable to realize the probable compensable nature of the injury, until an ER doctor mentioned a potential cervical strain, almost two months later. The JCC excused this late notice and the case proceeded.  Ultimately, EMA Dr. Scott considered the claimant’s medical condition and determined there was insufficient evidence to support a work-related lumbar or cervical injury. As to notice, the DCA found that the JCC improperly applied the “reasonable man” providing “some satisfactory reason” standard to excuse late notice, as that standard derives from case law pre-dating the 1994 amendments. The decision effectively eliminates pre-1994 case law from the notice analysis. The DCA then affirmed the JCC’s finding that no clear and convincing evidence existed on the contrary to reject Dr. Scott’s opinions.  The DCA rejected the claimant’s Due Process claims out of hand.  A concurring opinion noted the claimant’s failure to timely report the accident within 30 days, without applicable exception, compelled affirming the denial.  Click here to view Opinion