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Case Law Update August 2025
Case Law Updates
Rebalko v. Gillis/Head Industries/Amerisure, __ So.3d ___(Fla 1st DCA 8/6/25)Non-Final Orders In a case argued before the First District Court of Appeal on July 22, 2025, Bill Rogner convinced the First District that the order appealed was non-final and therefore not appealable.  The order, which designated a proper payee for a mentally incompetent injured worker, was appealed by the claimant’s discharged attorney who wanted his name to continue to appear on the claimant’s PTD checks.  Since the underlying fee dispute... View More
Anderson v. Cutting Edge Pizza / AmTrust North America and Wesco Insurance Company
HR Law Cases
JCC Grindal (St. Petersburg) Sofia Rogner (7-16-25 ) Granted E/C’s Verified Motion to Tax Costs. The petition of 10/02/24 sought TPD benefits, and the E/C responded timely that the claimant has been provided the TPD benefits. The payout ledger showed TPD benefits were paid prior to the filing of the petition. There were no temporary indemnity benefits obtained for the period from 08/03/23, through 08/05/24. The claimant’s counsel filed another petition on 01/28/25 seeking medical treatment to which the E/C... View More
Case Law Update July 2025
Case Law Updates
Guglielmo v. State of Fla.-Doc Zephyrhills C I/ Div. of Risk Mgmt. (Fla.1st DCA 7/30/25)Presumption Claims/Date of Accident/AWW The DCA reversed the JCC’s holding in this presumption case which found that although the claimant was eligible for five days of TTD and IBs at an 11%, he was due no benefits because his AWW was zero, as he was not an employee on the date of accident.  The claimant worked for the Department of Corrections (DOC) for almost two years before voluntarily... View More
Joseph v. Consulate Health Care d/b/a Hillcrest Nursing & Rehabilitation Center / XL Specialty Insurance Company and Alternative Service Concepts
HR Law Cases
JCC Forte (Ft. Lauderdale) (Paul Terlizzese) (6-26-2025) – Denied treatment of the right knee and neurologic disorder but awarded a walker. The claimant had a compensable injury to her left knee which resulted in three surgeries. Four years after the accident, she began complaining of right-knee pain and the authorized surgeon, Dr. Riley, prescribed PT and injections for the right knee, which the E/C denied as not a compensable body part. The JCC found no medical documentation of when the... View More