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Case Law Update February 2026
Case Law Updates
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
Rohas v. Duct Design CF, Inc. / Izaro Construction Services / Balfour Beatty Construction / Benchmark / Zurich
HR Law Cases
JCC Anderson (Orlando) (W. Rogers Turner, Jr.) (1-8-2026) – Denied all indemnity sought and all past medical; determined claimant’s employer was a sub-contractor and ordered medical evaluation.  The claimant fell from a ladder while installing ductwork, allegedly working for a sub-subcontractor under a general contractor in May of 2023.  He did not file a PFB until Feb. 2025 but had obtained unauthorized treatment in the interim under Obamacare.   Prior to Final Hearing, he was deported back to Venezuela. The E/C’s IME,... View More
Henderson v. HCA Florida Osceola Hospital / Broadspire
HR Law Cases
JCC Jacobs (Orlando) (Derrick E. Cox) (12-20-2025) – Denied all requested benefits for AWW adjustment, TPD, MR Arthrogram, pain management, compensability of labral tear, bursitis and impingement syndrome and IIBs based on a 5% PIR. The claimant had a shoulder arthroscopy and debridement for a compensable partial thickness rotator-cuff tear and was placed at MMI by Dr. Schwartzberg, who found no labral tear during surgery. The one-time change, Dr. Hurbanis, gave a 0% PIR. The claimant obtained an IME with... View More