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Updated 9-29-23 No DCA decisions for September.    View More

(Fla. 1st DCA) (8-16-23) (Bill Rogner)Compensability/Arising out of. Sixteen months after the oral argument held at the Workers’ Compensation Forum in 2022, the First DCA finally issued its opinion in this case.  It reversed the JCC and ruled that the claimant’s injuries were not compensable.  The claimant was shot multiple times while at work.  Although seriously injured, he survived his wounds and filed for workers’ compensation benefits.  On the night of the shooting, he identified “Robert” as the assailant, but... View More

Updated 8-30-23-23 Francois v. JFK Med.Ctr.Ltd.,___ So.3d ____(Fla. 4th DCA 8/30/23)440.205 Retaliation/Evidence The DCA affirmed the Circuit Court’s granting summary judgment to the employer. The employee alleged his termination was due to his filing a workers’ compensation claim, and that the employer’s alleged grounds (that he used excessive force on a patient) were pre-textual.  The trial court applied the business judgment rule, which prohibits courts from second-guessing the business judgment of employers, making the only relevant inquiry “whether the employer... View More