Case Law Update March 2025

No DCA decisions for March as of 3-10-25. View More

No DCA decisions for February as of 2-28-25. View More

No DCA decisions for January 2025. View More

Ortiz II v. Winn-Dixie, Inc. ___So.3d ___ (Fla. 1st DCA 12/23/24)Statute of Limitations/TollingBill Rogner The underlying case involved a claimant whose accident resulted in a kidney injury and subsequent kidney removal.   She received authorized treatment with a urologist for years. She then saw a new urologist, who began billing her private insurance.   When the claimant filed a PFB thereafter, the E/C asserted the incorrectly billed treatments were for non-accepted conditions (dysuria, UTIs and cystitis) and that the SOL ran because... View More

Updated 11-11-24 Miami Donuts/Dunkin Donuts/Liberty Mutual v. Villareal, ___So.3d ____ (Fla. 1st DCA 11/6/24) Grounds for Continuance/Abuse of Discretion The E/C accepted the claimant’s initial electrical shock injury.  Almost two years after her injury, she began developing significant neurological symptoms and underwent neurosurgery with Dr. Levi to remove tumors along her spine.  The E/C denied compensability of this subsequent condition and benefits.  Dr. Levi initially indicated the condition was not work-related.  After the claimant’s PFB, the doctor again stated the... View More

Updated 10-14-24 No DCA decisions yet for October. View More

Updated 9-30-24 No DCA decisions for September. View More

Updated 8-30-24 No DCA decisions for August. View More

Updated 8-5-24 Captain D’s LLC v. Unified Brands/Akins, ___So.3d___ (Fla. 6th DCA 7/12/24) WC Liens/Equitable Distribution/Competent Evidence The DCA reversed the trial judge’s reduction of an employer’s full value of their WC lien on the employee’s third-party recovery.  The parties appeared at an Equitable Apportionment hearing. The employer’s lien amount is to be determined pursuant to F.S. s. 440.39 and by the “Manfredo Formula,” which requires evidence regarding the alleged full value of the third-party case, and then the actual... View More

Updated 6-28-24 Ongoing Compensability Palm Beach Cty. School Brd./Sedgwick v. Josaphat, ___So.3d___(Fla. 1st DCA 6/12/24) Claimant received initial treatment for a 1/21 compensable right-wrist sprain for several months.  A year after the last treatment, the E/C denied a request for additional orthopedic and PCP treatment.  The E/C asserted that no further treatment was warranted and ultimately the JCC awarded the requested treatment. The DCA reversed, analyzing the medical necessity, MCC and the claimant’s burden of proof. They held the claimant... View More