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This Update contains summaries of all relevant Appellate decisions for the preceding week, with comments on how a particular decision affects you. In addition, we review daily the Merit Orders posted on the DOAH website. This Update contains summaries and links to relevant JCC decisions for the past week. Please feel free to contact Rogers Turner (rturner@hrmcw.com) with questions or comments on any of the listed cases. District Court of Appeal Cases Moise v. Disney Pop Century Resort/WDW WC Dept,... View More

William H. Rogner Statute of Limitations/ Dismissal for Failure to Prosecute Bill Rogner (4-30-18) The DCA affirmed the JCC’s dismissal of PFBs filed after a Motion to Dismiss for failure to prosecute, but before the Order dismissing the prior PFBs. However the DCA wrote to clarify that a JCC need not find the subsequent PFB was filed with the intent to toll the Statute, as had been suggested in Akers v. State of Florida. Claimant filed PFBs on separate 2011... View More

Andrew R. Borah JCC Lewis (Ft. Lauderdale) (4-6-18) – denied all benefits based on SOL. The E/C denied medical care as sought by the claimant in a PFB including a request for a one time change on the basis of SOL running. The claimant argued that the E/C was estopped from asserting a SOL defense because counsel for the E/C sent an email to claimant’s attorney before a Response was filed to the PFB providing the name of a new... View More

This Update contains summaries of all relevant Appellate decisions for the preceding week, with comments on how a particular decision affects you. In addition, we review daily the Merit Orders posted on the DOAH website. This Update contains summaries and links to relevant JCC decisions for the past week. Please feel free to contact Rogers Turner (rturner@hrmcw.com) with questions or comments on any of the listed cases. District Court of Appeal Cases Portu v. City of Coral Gables/Johns Eastern, (Fla.... View More

W. Rogers Turner, Jr. JCC Rosen (St. Petersburg) – (3/29/18) – Determined amount of attorney fees. The E/C stipulated to entitlement and taxable costs, but disputed the asserted hours and rate. The benefits secured were $1,018. The claimant attorney sought to be reimbursed for 36.35 hours at a rate of $325 per hour ($11,813.75). The E/C asserted that 19.25 hours were reasonably expended in obtaining the benefits, and should be reimbursed at a rate of $235 per hour. The JCC... View More