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Case Law Update November 2025
Case Law Updates
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
Faulk v. SRI Management Group / MEMIC
HR Law Cases
JJCC Walker (Pensacola) (Matt Bennett) (12-1-25) – Denied PTD and TPD. The claimant suffered a compensable cervical injury and surgery was recommended by Dr. Cason. Prior to surgery, the claimant discovered she was pregnant. Dr. Cason placed the claimant at non-surgical MMI and assigned a 15% PIR. The claimant argued she was not at overall MMI and entitled to indemnity benefits. Alternatively, the claimant argued that she was entitled to PTD benefits if found to be at MMI.  The JCC... View More
Mosqueda v. Gale Insulation & Gallagher Bassett
HR Law Cases
JCC Medina-Shore (Miami) (Caitlin Golden/Derrick Cox) (11/21/2025) – Denied TPD from 5/23/25 and continuing; awarded repeat MRI for right knee.  The JCC accepted the opinion of the authorized treating physician, Dr. Sando, that the claimant reached MMI on 5/22/25 and as such, denied the claim for TPD from 5/23/25 and continuing.  The JCC rejected the opinion of the claimant’s IME, Dr. Canizares, that the claimant was not at MMI.  The JCC only awarded a repeat MRI of the right knee... View More
Smith v. Whole Foods Market, Inc. / Gallagher Bassett
HR Law Cases
JCC Sancerni (Orlando) (Scott Miller) (11-20-2025) – Denied compensability of the cervical. The claimant injured his low back on 10/26/2021 when a co-worker came behind him and touched him inappropriately, which startled him and caused him to jump/jerk up. He came under the care of Dr. Katzman and Dr. Cowin at Advanced Orthopedics. He mentioned cervical pain to Dr. Katzman in April of 2022. The claimant’s testimony ranged from his pain occurring nearly 18 months post-accident to not being sure... View More
Hill v. Indian River State College / Davies Claims North America
HR Law Cases
JCC Hedler (West Palm Beach) (Derrick Cox) (10-15-2025)- Denied attorney’s fees and costs for surgery. On February 26, the claimant filed a PFB for hand surgery, as well as attorney’s fees and costs. On March 12, E/SA timely responded that the surgery was authorized, and it also faxed an authorization form to the authorized provider. The E/SA denied costs. The E/SA deposed the claimant on April 3, and the claimant testified the surgery had not been scheduled yet. On April... View More