Resources

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

Girardin v. An Ft. Myers Imps., LLC, 50 Fla. L. Weekly D426 (Fla. 1st DCA February 19, 2025) The underlying case involved the JCC’s order denying the claimant’s request for home modification and awarding attendant care from November 3, 2021, through the date of the Final Hearing, March 31, 2022. The claimant’s husband was allegedly providing attendant care services and the JCC ordered that the claimant’s husband be paid the Federal Minimum Wage for 30 hours per week. The JCC’s... View More