Case Law Update June 2026
As of 6-15-26
Koren v. City of Kissimmee/PGCS, ___So.3d___(Fla 1st DCA 6/10/26)
Compensability / Burden of Proof/120 Day Rule
The opinion is short on facts and indicates only that the DCA affirmed the denial of psychiatric treatment, rejecting the claimant’s argument that the City waived its defenses under F.S. s. 440.20(4) and that he improperly shifted the burden of proof to the claimant. The ruling was affirmed based on the fact the claimant failed to challenge an alternative basis for the ruling. However, Judge K. Thomas provides additional facts and analysis of the 120-day pay-and-investigate provision in her 11-page concurring opinion. Although the E/C accepted a PTSD diagnosis, they retained the right to defend entitlement to ongoing psychiatric treatment. The claimant did not challenge the JCC’s alternative denial that he retained the burden to prove entitlement to ongoing psychiatric care. Click here to view Opinion
David Olson, M.D. v. Christopher and Tammy Costello, as Personal Representatives of the Estate of Ryan Costello, et al., ___So.3d___ (Fla. 6th DCA 5/15/26) (consolidated opinions)
WC Immunity / Choice of Law
Florida’s 6th District Court of Appeal ruled that Florida Law applies to Dr. David Olson’s immunity defense in a wrongful death case against him. Ryan Costello, a Twins baseball prospect, died in 2019. His estate sued Dr. Olson and others in Florida state court, alleging medical negligence in connection with care provided in Florida before his death. Dr. Olson moved for summary judgment, arguing that Minnesota law applied and that, under Minnesota Workers’ Compensation law, he was immune from the Estate’s claims. The court found that Florida law governed the dispute, the court applied Florida’s “significant relationships” test and agreed that Florida had the strongest connection to the case. Since professional athletes are excluded from coverage under Florida’s Workers’ Compensation Act, the court held that workers’ compensation immunity did not bar the estate’s lawsuit from proceeding. Click here to view Opinion