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... View More

As of 5-15-26 Leighton v. Kratos Logistics, LLC/Ascendant Claims Svcs,  (Fla. 1st DCA 5/6/2026) Statute of Limitations The DCA reversed the JCC’s finding that the claimant’s PFB was time-barred. The claimant’s DOA was 2/9/22.  The final indemnity payment was 6/29/22 and the last visit with an authorized doctor was 8/1/22.  However, that bill was paid on 5/9/23.  F.S. s. 440.19(2) states that the two-year period is tolled when “…[p]ayment of any indemnity benefit or the furnishing of remedial treatment, care, or... View More

No DCA April decisions as of 4-27-26 View More

Updated 3-27-26 Estes v. Palm Beach County School Dist./Davies Claims,___ So.3d ___ (Fla. 1st DCA 3/23/26) Statute of Limitations Bill Rogner ***HR Law will be filing a Motion to Certify a Question of Great Public Importance with the Florida Supreme Court relating to the DCA’s interpretation of tolling and the unintended extension of the SOL***** In a 52-page en banc decision, the court eliminated the “2yr/1yr” analysis employed for the last 25 years to determine whether or not a PFB... View More

Publix Super Markets, Inc., Normandy Insurance Company, et al v. Department of Financial Services, Division of Workers Compensation, et al., ___ So.3d ___ (Fla. 1st DCA 2/25/26) Medical Benefits/Rule-Making Authority Over two years after oral argument, Bill Rogner received an opinion from the First DCA accepting his arguments that Chapter 440 does not authorize physicians to charge for and dispense medications in workers’ compensation case. The original issue arose on 3/31/20, when DFS issued a memo stating that carriers could... View More

No DCA decisions for January as of 1/26/26. View More

No DCA decisions for December as of 12/29/25. View More

Pinellas County Transit Authority/Commercial Risk v. Williams Jackson, ___ So.3d ___ (Fla. 1st DCA 11/12/25) Compensability/Misrepresentation/Multiple Accidents The claimant reinjured her shoulder in 2022, having originally injured the same shoulder with the same employer in 2021. The E/C denied compensability of the 2022 DOA based upon MCC, and because the JCC previously found the claimant made misrepresentations in her 2021 claim. The DCA affirmed the JCC’s award of benefits as to the 2022 claim.  The DCA noted that the MCC... View More

Updated 10/20/25 Cobb v. TECO Energy, Inc., ___So.3d___ (Fla.1st DCA 10/15/25)Temporary Benefits/Misconduct Defense The DCA affirmed the JCC’s denial of TPD benefits based upon the claimant’s termination for misconduct but wrote to clarify the use of the definition of misconduct found in unemployment proceedings (F.S.s. 443.036(29) applicable in WC proceedings (F.S.s 440.02(18).  In this case, the parties cited to multiple cases interpreting the application of “misconduct.” However, the prior opinions related to the version found in Chapter 443 as of 2004.... View More

Updated 9/19/25 Murphy v. Polk County BOCC/Commercial Risk, ___So.3d ___(Fla.1st DCA 9-3-25)Statute of Limitations/Reservation on Attorney Fees and Costs In a lengthy opinion, the DCA held that in determining whether the Statute of Limitations (SOL) has run, dismissal of a PFB reserving as to fees and costs (but where no benefits were provided) will not toll the statute.  However, if there were benefits provided pursuant to the dismissed PFB, a reservation on fees and costs may toll the SOL.  In the... View More