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Current as of 10-23-26 City of Maitland/Davies v. McGovern & Sanford Airport/PGCS, ___So.3d___, (Fla. 1st DCA 10/7/26) Firefighter Presumption/Contribution/Last Injurious Exposure Claimant worked for two separate entities as a firefighter; (City of Maitland 1988-2012) and Sanford Aiport (2012-2024).  In 2012 he passed a pre-employment physical (PEP) with no evidence of heart disease. He had a heart catheterization with 70-80% occlusion of the left-anterior descending artery, did not report this to WC at the time and retired from Maitland. He then... View More

Village Community Dev. Dist./PGCS v. Illeck, ___So.3d ___ (Fla 1st DCA 9/23/26) Heart Lung Statute The firefighter/claimant developed disabling heart conditions of supraventricular tachycardia (SVT) and atrial tachycardia (AT) from an unknown source. The medical opinions agreed the conditions constituted a “heart disease” of the heart’s electrical system, but that the condition did not meet the definition of “heart disease” in the 2023 Harlem case. The JCC ruled for the claimant, in part citing numerous prior DCA cases which found... View More

Bouayad v. Normandy Ins. Co., et al,___So.3d___(Fla. 7/9/26) Arising Out Of/Workplace Assaults Bill Rogner The claimant was GM of a car rental business located in a hotel near Orlando Int’l Airport. He was shot several times in a dimly lit outdoor walkway by an unknown assailant. Thereafter, he stated to a guest that “Robert did this.” Although evidence suggested the assailant might be Robert Aponte, who had a vendetta against the claimant’s son, no concrete evidence existed that the assailant... View More

Fish v. Extreme Enterprises/AmTrust,___ So.3d___ (Fla.1st DCA 8/26/26) Reimbursement of Guardianship Fees/Costs The DCA reversed the JCC’s order denying reimbursement of guardianship expenses.  The guardian/mother of the injured worker (who suffered a traumatic brain injury) retained counsel for W/C benefits. Counsel filed PFBs and sought assistance from the E/C with guardianship proceedings, which the E/C denied. The claimant’s mother was ultimately appointed as the guardian and incurred expenses related to the guardianship process of over $2,428.09 in costs and $10,500.00... View More

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