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Updated 1-24-24 Rudolph v. Darien Smith / Liberty  Mutual/ Home Depot , ___ So.3d ___ (Fla. 1st DCA 1/24/24)Attorney Fees/Reasonableness/JCC Discretion The DCA reversed the JCC’s award of attorney fees based on a customary hourly rate instead of the contingency fee amount agreed to by the claimant and his attorneys.  The DCA found no exceptional circumstances existed which would have allowed the JCC to justify a reduction in the statute’s presumptively reasonable fee. The claimant had been rendered a ventilator-dependent... View More

JCC Hedler (West Palm Beach) (Rex Hurley) (1-10-24)– Denied compensability of claimant’s disabling arterial and cardiovascular hypertension and/or heart disease. The E/C successfully rebutted the presumption by showing that a combination of non-work risk factors including HBP, uncontrolled long-standing diabetes, hyperlipidemia, obesity, smoking, family history and other risk factors caused the condition, disability and need for treatment. The claimant completed two days of 12-hour shifts and went to dinner. After dinner, he enjoyed a normal night’s rest when he was... View More

JCC Holley (Orlando) (12-18-23) (Matt Bennett) – Denied compensability, medical and indemnity benefits. Unrepresented claimant failed to submit any medical evidence to establish compensability of either of the two alleged accidents. The JCC specifically found that the claimant was not in the course and scope of employment when the second injury occurred as she had been terminated the day before and therefore, was not an employee and not covered by WC on the second date of accident. All claims denied... View More

JCC Grindal (St. Petersburg) (Scott Miller)(12-15-23) – Denied reimbursement for travel expenses. Compensable accident which rendered the claimant a tetraplegic, requiring 24-hour attendant care. The claimant traveled to Nevada for a family vacation and sought reimbursement for his nurses’ hotel and airfare, Hoyer lift rental, and handicap van rental while in Nevada. The issue framed by the claimant was whether the need for the trip itself was reasonable, medically necessary and causally related to the IA. Dr. Patel, the authorized... View More

Updated 12-18-23 Seminole County/Johns Eastern v. Braden,___So.3d ___ (Fla. 1st DCA 12/13/2023) First Responder Presumption The DCA affirmed the JCC’s finding that the claimant’s heart attack and subsequent heart transplant were compensable. The E/C previously conceded that the heart lung statute and presumption applied to the above heart attack/transplant, which occurred after a COVID-19 diagnosis. The DCA agreed with the JCC that the E/C failed to rebut the presumption. The DCA also rejected the E/C’s constitutional argument that in cases... View More

Updated 12-1-23 Gulf Management/Gallagher Bassett v. Wall, ___So.3d ___(Fla.1st DCA 11/29/23) Scope of Appellate Review/PTD standard The DCA affirmed the JCC’s finding that the claimant was PTD.  They expanded, however, on their role in review of WC Orders, and to comment on the Blake methods in applying subsection 440.15(1).  In regard to appellate review in WC matters, the opinion confirms the longstanding premise that as long as competent substantial evidence exists to support the JCC’s findings, the DCA will not... View More