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Updated 12-1-23 Gulf Management/Gallagher Bassett v. Wall, ___So.3d ___(Fla.1st DCA 11/29/23) Scope of Appellate Review/PTD standard The DCA affirmed the JCC’s finding that the claimant was PTD.  They expanded, however, on their role in review of WC Orders, and to comment on the Blake methods in applying subsection 440.15(1).  In regard to appellate review in WC matters, the opinion confirms the longstanding premise that as long as competent substantial evidence exists to support the JCC’s findings, the DCA will not... View More

Updated 10-30-23 Normandy Insurance Co. V. Bouayad/Value Car Rental, ___ So.3d__(Fla.1st DCA 10/20/23)Motion for Rehearing (Bill Rogner) The DCA issued a denial of the Appellee’s Motion for Rehearing. In August, the DCA vacated the JCC’s finding that a workplace shooting arose out of employment, but certified to the Florida Supreme Court the following question of great public importance: NOTWITHSTANDING STROTHER V. MORRISON CAFETERIA, 383 SO. 2D 623 (FLA. 1980), WHEN AN ACT OF A THIRD-PARTY TORTFEASOR IS THE SOLE CAUSE OF... View More

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

Updated 7-20-23 No DCA decisions yet for July. View More

Updated 6-27-23 Friesen v. State of Florida Highway Patrol/Div. of Risk Mgmt., ___ So.3d___ (Fla. 1st DCA 6/21/23)Heart/Lung Statute/Disability/Occupational Disease The DCA affirmed the JCC’s ruling that the claimant failed to satisfy the disability element required to prove compensability under F.S. s. 440.151(1).  After completing a pre-employment physical in 2001, the claimant was evaluated by his PCP in 2008, diagnosed with hypertension, taken out of work for a few days and prescribed medicine. No WC claim was filed nor were... View More