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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

Updated 11-15-21 Hospitals East LLC d/b/a Kindred Hospital – N. FL/Sedgwick v. Hampton, ___ So.3d ____ (Fla.1st DCA 2021)Statute of Limitations/Reservation of Fees/Tolling The DCA reversed the JCC’s holding that a prior Order’s reservation of jurisdiction on amount of fees and costs tolled the SOL.  Claimant’s 2013 PFB sought indemnity arising out of her 2011 WC accident. The JCC awarded indemnity in a 2015 Order which awarded entitlement to fees and costs but reserved as to amount. The DCA issued... View More

Updated 10-8-21 Cabrera v. Kablelink Communications LLC/Sedgwick, ___ So.3d___ (Fla. 1st DCA 10/6/21)Independent Contractor/Construction Industry The DCA affirmed the JCC’s finding that a residential cable installer was not an employee, but an “independent contractor” and not entitled to benefits.  After a serious fall, the claimant sought WC benefits from Kablelink, who denied on the basis of their prior agreement stating he was an independent contractor. The claimant alleged even with that agreement, he was entitled to benefits as an independent... View More

Updated 9-30-21 Harman v. Merchant Transport/CCMSI,  (Fla. 1st DCA 9/15/21)One-Time Change/Reasonable Distance/Right to Choose The DCA affirmed the JCC’s decision to provide an alternate physician to claimant and to preserve the E/C’s right of selection under Fla. Stat. 440.13(2)(f). The claimant requested a one-time change in allergists from Dr. Koutsonikolis to Dr. Tuer. The E/C attempted to schedule an appointment with Dr. Tuer before learning the office no longer accepted “worker’s compensation” and subsequently scheduled an appointment with Dr. Mark,... View More