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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

Updated 9/5/25 Siena v. Orange County Fire/Rescue/CCMSI,     (Fla. 1st DCA 8/20/25)Powers of JCC/Attorney Disqualification The DCA affirmed the JCC’s Order disqualifying the Bichler Longo firm from representing the claimant. The underlying issue resulted from the Bichler firm hiring an attorney who previously worked on the claimant’s case for the defense firm.  The defense firm moved to disqualify the claimant’s firm although there was no pending PFB following the appeal of the JCC’s original Order denying the claimant widow death benefits. ... View More

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

Fox v. Sarasota County School Board, ___So.3d___(Fla. 1st DCA 6/25/25E/C-Paid Attorney Fees & Costs/JCC Jurisdiction The parties settled the underlying claims for $114,900 and submitted a Motion for fees on the washout of $12,240, which the JCC approved. Later that day the parties submitted a stipulation on past fees ($60,308.72) and costs ($24,691.28).  The JCC denied the stipulation. The DCA vacated the denial and analyzed JCC jurisdiction over employer paid fees. F.S. s. 440.34(1) states that attorney fees may not be... View More

Sapp v. Sims Crane & Equip. Co./Bridgefield Cas. Ins. Co., ___So.3d ___(Fla. 1st DCA 5/7/25) Alternate Coverage/JCC Jurisdiction F.S. s. 440.211 provides that a Negotiated WC Insurance Program (NWCIP) can have a Collective Bargaining Agreement (CBA) that removes the JCC’s jurisdiction over a workplace accident/injury claim, but rather requires arbitration.  The claimant agreed that a NWCIP was in place, but argued it should not apply (and the JCC should have jurisdiction) because the parties did not mutually agree/consent to the... View More