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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

Updated 3-31-23 No DCA decisions to date for March.  View More

Updated 2-27-23 Lange v. Cleveland Clinic et al/Commercial Risk,___ So.3d ___(Fla.1st DCA 2/22/2023) – Notice  DefenseIn a very short opinion, the DCA found competent, substantial evidence supported the JCC’s finding that the claimant did not provide timely notice of her injury, citing to the recent HR Law case of Bonhomme v. Staff Team Hotels, Corp., 348 So. 3d 614, 619–21 (Fla. 1st DCA 2022).  Click here to view Opinion  View More

Updated 1-27-23 No DCA decisions for January 2023. View More

Updated 1-3-22 Williams v. Brevard County Fire Rescue/PGCS,___ So.3d___  (Fla.1st DCA 12/28/22)First Responder/PTSD (Derrick Cox and Bill Rogner) The DCA affirmed the JCC’s denial of the claimant’s  § 112.1815(2)(a)3 claim, finding that the JCC correctly relied upon the psychiatric IME’s opinion that the accident did not give rise to any need for treatment due to PTSD or any other compensable mental injury. This opinion further clarifies the legal standard for PTSD and other mental-only claims for first responders under F.S. 112.1815.Click... View More