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Case Law Update September 2025
Case Law Updates
Updated 9/5/25 Murphy v. Polk County BOCC/Commercial Risk, ___So.3d ___(Fla.1st DCA 9-3-25)Statute of Limitations/Reservation on Attorney Fees and Costs In a lengthy opinion, the DCA held that in determining whether the Statute of Limitations (SOL) has run, dismissal of a PFB reserving as to fees and costs (but where no benefits were provided) will not toll the statute.  However, if there were benefits provided pursuant to the dismissed PFB, a reservation on fees and costs may toll the SOL.  In the... View More
Abreu v. PFG Partners, LLC / AmTrust North America
HR Law Cases
JCC Kerr (Miami) (Evan Heffner) (8-29-2025) – Granted E/C’s Motion to Tax Costs. The E/C sought payment of costs in the amount of $4,254.85 incurred for preparing for the Final Hearing. The claimant argued that since both parties were prevailing parties on different PFBs, he should not bear the cost of the discovery. The claimant made no argument regarding proration of the cost of the depositions. The JCC awarded taxable costs to the E/C in the amount of $3,954.85.  Click... View More
Alcenat v. Renaissance Health & Rehab / Alternative Service Concepts
HR Law Cases
JCC Johnsen (West Palm Beach) (Paul Terlizzese) (8-15-2025) – Denial of claims.  The unrepresented claimant alleged injuries resulting from an incident on April 12, 2023. The JCC ruled the claimant failed to meet her burden of proof for TTD benefits from May 12, 2024 and continuing, as no medical evidence indicated that she had been placed on a no-work status or was unable to work after that date. The claimant’s request for mileage reimbursement from May 12, 2024 was denied... View More
Case Law Update August 2025
Case Law Updates
Updated 9/5/25 Siena v. Orange County Fire/Rescue/CCMSI,     (Fla. 1st DCA 8/20/25)Powers of JCC/Attorney Disqualification The DCA affirmed the JCC’s Order disqualifying the Bichler Longo firm from representing the claimant. The underlying issue resulted from the Bichler firm hiring an attorney who previously worked on the claimant’s case for the defense firm.  The defense firm moved to disqualify the claimant’s firm although there was no pending PFB following the appeal of the JCC’s original Order denying the claimant widow death benefits. ... View More
Anderson v. Cutting Edge Pizza / AmTrust North America and Wesco Insurance Company
HR Law Cases
JCC Grindal (St. Petersburg) Sofia Rogner (7-16-25 ) Granted E/C’s Verified Motion to Tax Costs. The petition of 10/02/24 sought TPD benefits, and the E/C responded timely that the claimant has been provided the TPD benefits. The payout ledger showed TPD benefits were paid prior to the filing of the petition. There were no temporary indemnity benefits obtained for the period from 08/03/23, through 08/05/24. The claimant’s counsel filed another petition on 01/28/25 seeking medical treatment to which the E/C... View More