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(Fla. 1st DCA) (8-16-23) (Bill Rogner)Compensability/Arising out of. Sixteen months after the oral argument held at the Workers’ Compensation Forum in 2022, the First DCA finally issued its opinion in this case.  It reversed the JCC and ruled that the claimant’s injuries were not compensable.  The claimant was shot multiple times while at work.  Although seriously injured, he survived his wounds and filed for workers’ compensation benefits.  On the night of the shooting, he identified “Robert” as the assailant, but... 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

JCC Medina-Shore (Miami) (Brian Ricotta) (7-18-23A)- Denied PTD.  Claimant is a 66-year-old, bi-lingual Cuban immigrant. His prior work history involved driving tractor-trailers. Prior to the 8/24/21 DOA, the claimant had multiple prior injuries with the employer, but returned with the employer to full duty after each.  After the instant accident, the claimant had left shoulder surgery and was assigned a 40-pound left extremity restriction.  Post-accident, the claimant had not returned to work with the employer, nor had he found work... View More

JCC Weiss (Ft. Myers) (Tim Stanton)(7-14-23) – Awarded prevailing party costs to E/C. The E/C sought costs related to taking the claimant deposition.   The JCC rejected the claimant’s arguments that taking the deposition for discovery and impeachment purposes was insufficient alone to support awarding the charges as a cost. The JCC struck the portion of the costs sought for an expedited delivery charge for the deposition, although the claimant did not dismiss her PFB until two days prior to Final... View More