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Updated 10-3-22 No DCA decisions yet for September. View More

Updated 8-19-22 Tiburcio v. Hillsborough County Sheriff’s Office/Commercial Risk, ___ So.3d___(Fla. 1st DCA 8/17/22)Section 112.18(1)(a) Presumption/Reverse Presumption The DCA reversed the JCC’s denial of compensability of First Responder heart disease.  The JCC found that the heart disease was accidental and in the line of duty, but denied under subsection 112.18(1)(b)1.a’s  “reverse presumption” (where the claimant departs in material fashion from his prescribed course of treatment). The DCA noted the reverse presumption requires the material departure from prescribed treatment requires the treatment... View More

Updated 8-1-22 DFS Recission Recently, the Division of Worker’s Compensation rescinded a memo, originally issued 3/31/20, which stated that a carrier’s refusal to pre-authorize and pay for medication prescribed and dispensed by a physician was inappropriate and contrary to law.  The Division recission was the result of a settlement of an administrative action that alleged the Division’s memo was procedurally and substantively defective.  The Division’s recission of the memo is effective to the date it was issued and states the bulletin... View More

Updated 6-30-22 Sargent v. Bradford County Sheriff’s Office/Fla. League of Cities, ___ So.3d ____ (Fla. 1st DCA 6/1/2022)First Responder Presumption Notwithstanding a lengthy dissent, the First DCA affirmed denial of  the application of the heart presumption statute under F.S. s 112.18  because the corrections officer did not have a new Pre-employment physical  (PEP) when he moved from part time to full time, even though he had a PEP when he started part time years earlier.      Click here to view Opinion  View More

Updated 5-27-22 Guerera v. Becton Dickinson Co./Sedgwick, ___ So.3d___ (Fla. 1st DCA 5/4/22)Attorney Fees/Benefits Obtained The JCC denied entitlement to E/C-paid attorney fees asserted to be owed for P&I on IBs, and for an increase in the AWW. The DCA affirmed as to the P&I fee issue but reversed as to the fee denial for the AWW increase. The JCC found “no actual or real benefit was secured” since the claimant was at the Maximum Compensation Rate. However, the DCA found... View More

DSK Group, Inc./Zurich v. Hernandez, ___ So.3d____ (Fla. 1st DCA 4/27/22)Compensability/Going and Coming The DCA reversed the JCC’s decision that the claimant’s MVA and injuries were compensable. The claimant argued he was a traveling employee and thus not subject to the going and coming rule. The JCC disagreed, but found the claimant’s travel from job to job, even though he was required to clock in and clock out on his phone as an hourly employee, rendered the accident compensable as he... View More