Resources

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

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

No DCA decisions for April. View More

No DCA decisions for March as of 3-21-25. View More