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Case Law Update July 2024
Case Law Updates
Updated 8-5-24 Captain D’s LLC v. Unified Brands/Akins, ___So.3d___ (Fla. 6th DCA 7/12/24) WC Liens/Equitable Distribution/Competent Evidence The DCA reversed the trial judge’s reduction of an employer’s full value of their WC lien on the employee’s third-party recovery.  The parties appeared at an Equitable Apportionment hearing. The employer’s lien amount is to be determined pursuant to F.S. s. 440.39 and by the “Manfredo Formula,” which requires evidence regarding the alleged full value of the third-party case, and then the actual... View More
Case Law Update June 2024
Case Law Updates
Updated 6-28-24 Ongoing Compensability Palm Beach Cty. School Brd./Sedgwick v. Josaphat, ___So.3d___(Fla. 1st DCA 6/12/24) Claimant received initial treatment for a 1/21 compensable right-wrist sprain for several months.  A year after the last treatment, the E/C denied a request for additional orthopedic and PCP treatment.  The E/C asserted that no further treatment was warranted and ultimately the JCC awarded the requested treatment. The DCA reversed, analyzing the medical necessity, MCC and the claimant’s burden of proof. They held the claimant... View More
Case Law Update May 2024
Case Law Updates
Updated 5.28.24 Palm Beach County School District/Sedgwick v. Smith, ___So.3d ___ (Fla. 1st DCA 5/22/24) Prevailing Party Costs The parties attended mediation where the E/C agreed to accept and treat a tailbone injury, and the claimant dismissed claims for a low-back injury.  The Joint Stip agreed to attorney fees and costs as to the tailbone issue and further stated all other issues were resolved “with the exception of attorney fees and costs” which the JCC approved. The JCC then denied... View More