Case Law Update November 2023
Updated 12-1-23
Gulf Management/Gallagher Bassett v. Wall, ___So.3d ___(Fla.1st DCA 11/29/23)
Scope of Appellate Review/PTD standard
The DCA affirmed the JCC’s finding that the claimant was PTD. They expanded, however, on their role in review of WC Orders, and to comment on the Blake methods in applying subsection 440.15(1). In regard to appellate review in WC matters, the opinion confirms the longstanding premise that as long as competent substantial evidence exists to support the JCC’s findings, the DCA will not reweigh/reassess the evidence below. With regard to PTD, the court reviewed the Blake v. Merck factors : (1) evidence of permanent medical incapacity to perform even light work uninterruptedly; (2) evidence of permanent work-related physical restrictions coupled with an exhaustive but unsuccessful job search; or (3) evidence of permanent work-related physical restrictions that, while not alone totally disabling, do preclude performing light work interruptedly, when combined with vocational factors. They discussed that these factors are not “rigid requirements.” Rather, they should be treated as guidelines for what a JCC may consider sufficient proof to demonstrate PTD. The rejected appellant’s arguments, which would “inappropriately transform these guidelines into extra-statutory elements of proof that must be correctly applied as if they were themselves the law.” In relation to the underlying case, the DCA found the JCC’s award of PTD based on the lay and expert evidence was sufficient. Click here to view Opinion