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Updated 5.28.24 Palm Beach County School District/Sedgwick v. Smith, ___So.3d ___ (Fla. 1st DCA 5/22/24) Prevailing Party Costs The parties attended mediation where the E/C agreed to accept and treat a tailbone injury, and the claimant dismissed claims for a low-back injury.  The Joint Stip agreed to attorney fees and costs as to the tailbone issue and further stated all other issues were resolved “with the exception of attorney fees and costs” which the JCC approved. The JCC then denied... View More

No DCA decisions this month. View More

No DCA decisions this month as of 3-15-24. View More

Kulzer v. Sarah Way/Greenleaf Trust, ___So.3d ___(Fla. 5th DCA 2/2/2024) Employer Vicarious Liability/Course and Scope Sarah Way was employed by Greenleaf, and her duties were to inspect and prep condo units for sale. During her workday travel, she negligently collided with Kulzer, who then sued Way and Greenleaf.  The trial court granted summary judgment in favor of Greenleaf as to vicarious liability, finding Way was not in the course and scope of her employment, based, in part, on the going-and-coming... View More

Updated 1-24-24 Rudolph v. Darien Smith / Liberty  Mutual/ Home Depot , ___ So.3d ___ (Fla. 1st DCA 1/24/24)Attorney Fees/Reasonableness/JCC Discretion The DCA reversed the JCC’s award of attorney fees based on a customary hourly rate instead of the contingency fee amount agreed to by the claimant and his attorneys.  The DCA found no exceptional circumstances existed which would have allowed the JCC to justify a reduction in the statute’s presumptively reasonable fee. The claimant had been rendered a ventilator-dependent... View More

Updated 12-18-23 Seminole County/Johns Eastern v. Braden,___So.3d ___ (Fla. 1st DCA 12/13/2023) First Responder Presumption The DCA affirmed the JCC’s finding that the claimant’s heart attack and subsequent heart transplant were compensable. The E/C previously conceded that the heart lung statute and presumption applied to the above heart attack/transplant, which occurred after a COVID-19 diagnosis. The DCA agreed with the JCC that the E/C failed to rebut the presumption. The DCA also rejected the E/C’s constitutional argument that in cases... View More