Resources

Updated 3-31-23 No DCA decisions to date for March.  View More

Updated 2-27-23 Lange v. Cleveland Clinic et al/Commercial Risk,___ So.3d ___(Fla.1st DCA 2/22/2023) – Notice  DefenseIn a very short opinion, the DCA found competent, substantial evidence supported the JCC’s finding that the claimant did not provide timely notice of her injury, citing to the recent HR Law case of Bonhomme v. Staff Team Hotels, Corp., 348 So. 3d 614, 619–21 (Fla. 1st DCA 2022).  Click here to view Opinion  View More

Updated 1-27-23 No DCA decisions for January 2023. View More

Updated 1-3-22 Williams v. Brevard County Fire Rescue/PGCS,___ So.3d___  (Fla.1st DCA 12/28/22)First Responder/PTSD (Derrick Cox and Bill Rogner) The DCA affirmed the JCC’s denial of the claimant’s  § 112.1815(2)(a)3 claim, finding that the JCC correctly relied upon the psychiatric IME’s opinion that the accident did not give rise to any need for treatment due to PTSD or any other compensable mental injury. This opinion further clarifies the legal standard for PTSD and other mental-only claims for first responders under F.S. 112.1815.Click... View More

Updated 11-30-22 Manso v. Southeast Personnel Leasing, Inc.,  ___So.3d___(Fla.1st DCA 11/2/22) (Bill Rogner) The E/C utilized a peer review physician.  They then sought an IME.  The Claimant sought to quash the Order compelling the IME via a Petition for Writ of Certiorari.  The Claimant argued the E/C was seeking an alternate IME.  However, the E/C was only seeking an initial IME.  The Claimant’s Petition for Writ of Certiorari was denied.  Click here to view Order Wyatt v. Polk County Board of Commissioners,... View More

Updated 11-1-22 Bonhomme v. Staff Team Hotels/Frank Winston Crum Ins., ___ So.3d ___(Fla. 1st DCA 10/12/2022)Compensability/Notice (Rogers Turner / trial & Bill Rogner / appeal) – Oral Argument at 12/21 WCCI Comp ConferenceIn a 13-page Opinion, the DCA affirmed the JCC’s denial of compensability, and found they could affirm on a lack of timely notice, as well as the claimant’s failure to sustain his burden to provide evidence of causation or injury. The claimant alleged injury at work while lifting... View More