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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

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

JCC Newman (Tallahassee)(Matthew Bennett) (12-13-23)– Denied compensability of 10/4/20, 10/8/20 and 6/7/21 work accidents. Denied PCP, urologist, TTD, steroid injections and diagnostic nerve block. The claimant initially alleged he was injured on 10/4/20 when responding to a medical emergency involving an inmate when he lifted him on to a stretcher. He claimed an injury to his right groin. He never reported the accident. On 10/9/20, he complained to his supervisor that he felt pain in his right groin at work... 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

JCC Arthur (Tampa) (Paul Terlizzese) (10-9-23) – Denied PTD benefits, TTD benefits and impairment benefits. In this claim, defended by HR Law Shareholder Paul Terlizzese, the claimant was a registered nurse who injured her back during a patient transfer.  She had low back surgery.  The claimant reached MMI in March 2020.  The claimant’s permanent work restrictions included no lifting or carrying greater than 10 pounds and no repetitive bending or twisting.  A later FCE indicated the claimant could occasionally lift... View More