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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... View More

Updated 10-14-24 No DCA decisions yet for October. View More

Updated 9-30-24 No DCA decisions for September. View More

Updated 8-30-24 No DCA decisions for August. View More

Updated 8-5-24 Captain D’s LLC v. Unified Brands/Akins, ___So.3d___ (Fla. 6th DCA 7/12/24) WC Liens/Equitable Distribution/Competent Evidence The DCA reversed the trial judge’s reduction of an employer’s full value of their WC lien on the employee’s third-party recovery.  The parties appeared at an Equitable Apportionment hearing. The employer’s lien amount is to be determined pursuant to F.S. s. 440.39 and by the “Manfredo Formula,” which requires evidence regarding the alleged full value of the third-party case, and then the actual... View More

Updated 6-28-24 Ongoing Compensability Palm Beach Cty. School Brd./Sedgwick v. Josaphat, ___So.3d___(Fla. 1st DCA 6/12/24) Claimant received initial treatment for a 1/21 compensable right-wrist sprain for several months.  A year after the last treatment, the E/C denied a request for additional orthopedic and PCP treatment.  The E/C asserted that no further treatment was warranted and ultimately the JCC awarded the requested treatment. The DCA reversed, analyzing the medical necessity, MCC and the claimant’s burden of proof. They held the claimant... View More