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Ortiz v. Winn-Dixie/Travelers/Sedgwick,___ So.3d___(Fla.1st DCA, 5/31/23)(Bill Rogner)Statute of Limitations The 1st DCA affirmed the JCC’s finding that the SOL had expired and that the claimant failed to present evidence that the statute had been tolled. The claimant originally injured her kidney in a compensable 2003 accident. She continued to receive authorized care thereafter. In 2015 her care was transferred to Dr. Young, who saw her on an authorized basis from 2015 through 2019. The carrier last paid for authorized treatment... View More

Updated 5-3-23 Jody Wolfe v. Lily M. Ruby, 1D22-3289 (Fla. 1st DCA 4/5/2023) Subject Matter Jurisdiction The claimant (Ruby) filed a PFB alleging an injury while housekeeping for Wolfe. Wolfe moved for summary final order (MSFO) seeking dismissal of the case for lack of SMJ on grounds that FS 440.02(17)(c)(1) expressly excludes housekeeping services in private homes from the definition of employment. A supporting Affidavit attested that Wolfe does not operate a business at her residence, does not employ four... View More

JCC Johnsen (West Palm Beach) (Brian Ricotta) (4-13-23) Granted the E/C’s Motion for Prevailing Party Costs in full. The E/C sought prevailing party costs of $1,352.50.  The claimant objected to two pre-depo doctor conferences totaling $500.00.  The JCC found awarding these costs were within his discretion.  The JCC awarded the full costs sought, including the two pre-depo conference fees.  Click here to view Order View More