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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

JCC Walker (Pensacola) (Matt Bennett) (7-1-2024) – Denied TPD benefits due to claimant not meeting her initial burden of demonstrating a causal connection between the compensable injury and the subsequent loss of income.  The claimant had returned to work post-accident with her restrictions accommodated.  However, the claimant’s attendance was “not good,” and she missed a lot of work and left work early many times.  She ended up losing her job as a result of poor attendance.  If not for the... 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