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Case Law Update March 2026
Case Law Updates
Updated 3-27-26 Estes v. Palm Beach County School Dist./Davies Claims,___ So.3d ___ (Fla. 1st DCA 3/23/26) Statute of Limitations Bill Rogner ***HR Law will be filing a Motion to Certify a Question of Great Public Importance with the Florida Supreme Court relating to the DCA’s interpretation of tolling and the unintended extension of the SOL***** In a 52-page en banc decision, the court eliminated the “2yr/1yr” analysis employed for the last 25 years to determine whether or not a PFB... View More
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
Case Law Update November 2025
Case Law Updates
Pinellas County Transit Authority/Commercial Risk v. Williams Jackson, ___ So.3d ___ (Fla. 1st DCA 11/12/25) Compensability/Misrepresentation/Multiple Accidents The claimant reinjured her shoulder in 2022, having originally injured the same shoulder with the same employer in 2021. The E/C denied compensability of the 2022 DOA based upon MCC, and because the JCC previously found the claimant made misrepresentations in her 2021 claim. The DCA affirmed the JCC’s award of benefits as to the 2022 claim.  The DCA noted that the MCC... View More