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Medical Benefits  / Medically Necessary Travel Bill Rogner The DCA set aside the JCC’s Order which required the E/C to pay for the costs of attendant care providers and DME for the quadriplegic claimant’s trip to visit family in New York. Although the JCC rejected the psychotherapist’s testimony that such a trip was “medically necessary” because it would improve claimant’s depression and anxiety symptoms, he still concluded the additional costs the claimant would incur while traveling should be paid by... View More

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

JCC Massey (Tampa) (Anthony Amelio) (3-4-2026) – Granted E/C’s Motion for Summary Final Order.  The PFB alleged psychological injuries but did not allege any corresponding physical injuries.  The JCC accepted the allegations of the PFB as true and found the psychological injuries were not compensable pursuant to F.S. §440.093 in the absence of a physical injury.  Click here to view Order View More

JCC Arthur (Tampa) (Tim Stanton) (3-9-2026) – Awarded E/C $10,007.96 in costs. The E/C sought $13,031.95 in taxable costs.  The claimant voluntarily dismissed the PFB. The JCC denied $2,823.99 in costs incurred before the PFB was filed and $200.00 for a conference with the E/C’s IME.   Click here to view Order View More

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 not refuse to pre-authorize and pay for medications prescribed for and dispensed by physicians. After initially rescinding the memo, the Rule was re-issued.  On 3/7/23, an ALJ... View More

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