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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

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

No DCA decisions for January as of 1/26/26. View More

No DCA decisions for December as of 12/29/25. View More

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

Updated 10/20/25 Cobb v. TECO Energy, Inc., ___So.3d___ (Fla.1st DCA 10/15/25)Temporary Benefits/Misconduct Defense The DCA affirmed the JCC’s denial of TPD benefits based upon the claimant’s termination for misconduct but wrote to clarify the use of the definition of misconduct found in unemployment proceedings (F.S.s. 443.036(29) applicable in WC proceedings (F.S.s 440.02(18).  In this case, the parties cited to multiple cases interpreting the application of “misconduct.” However, the prior opinions related to the version found in Chapter 443 as of 2004.... View More