Case Law Update November 2024
Updated 11-11-24
Miami Donuts/Dunkin Donuts/Liberty Mutual v. Villareal, ___So.3d ____ (Fla. 1st DCA 11/6/24)
Grounds for Continuance/Abuse of Discretion
The E/C accepted the claimant’s initial electrical shock injury. Almost two years after her injury, she began developing significant neurological symptoms and underwent neurosurgery with Dr. Levi to remove tumors along her spine. The E/C denied compensability of this subsequent condition and benefits. Dr. Levi initially indicated the condition was not work-related. After the claimant’s PFB, the doctor again stated the condition was not work-related in a 9/21/22 letter. However, in his 1/23/23 deposition, he stated that the work accident caused her to manifest neurological issues. Three weeks later, the E/C requested a continuance of the 3/1/23 hearing. They explained their initial IME choice declined to assist them, and they listed five additional doctors as possible IMEs. They indicated they would agree to the earliest possible continuance date. The JCC denied the request finding the delay did not arise due to circumstances beyond their control. The hearing went forward, and the uncontroverted opinions of Dr. Levi were accepted. The DCA reversed, disagreeing with the JCC that the E/C should have conferenced earlier, noting they did. The DCA found the JCC’s finding that a continuance was unavailable to the E/C as a matter of fact deprived them of their ability to obtain evidence to support their defense. Finding an abuse of discretion, the DCA reversed, vacated the prior order and remanded.