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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

Updated 3-18-22 Aquino v. American Airlines/Sedgwick,                                                       (Fla. 1st DCA 3/9/22)Compensability/Course and Scope/Coming and Going The DCA affirmed the JCC’s determination that the claimant’s accident/injury was not compensable under the going and coming rule.  As a baggage handler, the claimant alleged his injury occurred after clocking out, walking through the terminal towards a shuttle bus stop and injuring his calf stepping off of a curb. The DCA analyzed the JCC’s application of the going and coming rule, and rejected the... View More

Updated 2-28-22 Soya v. Health First, Inc./CCMSI,   (2-21-22)   (Fla. 1st DCA 2/2022)Compensability/Arising Out Of(Jamey Rodgers/Bill Rogner) The DCA reversed and remanded the JCC’s Order denying compensability. The claimant did not know why she fell at work. The JCC’s denial tracked Valcourt’s analysis and denied benefits,  finding “an accident is compensable under Valcourt only if the employment necessarily exposed the claimant to conditions that would substantially contribute to the risk of injury to which the Claimant would not normally be exposed during... View More

Updated 1-28-22 Noa v. City of Aventura/Fla. League of Cities, (Fla. 1st DCA 1/25/22)AWW Calculation/Inclusion of Annual Merit Bonus The DCA reversed the JCC’s decision not to include a portion of the claimant’s pro rata share of an annual merit bonus in her AWW calculation. Following claimant’s 2/27/20 work accident, she continued working and on 8/6/20 received a merit bonus for the period 7/24/19 to 7/19/20.  The E/C declined to include these amounts in the AWW calculation, asserting the bonus... View More

Updated 1-3-21 Ranger Construction/Travelers v. Brand, (Fla. 1st DCA 12/1/2021)Final Orders/Competent, Substantial Evidence The DCA made short work of the E/C appeal alleging the JCC erred in finding a compensable injury occurred. Noting “formidable evidence” of an injury by accident, the appellant pointed only to inconsistencies in that proof. The DCA noted that numerous decisions provide the standard of review in WC cases of “the existence of competent, substantial evidence supporting the decision.” Citing contradictory record evidence is simply insufficient.  The... View More