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Case Law Update February 2023
Case Law Updates
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
Ponce v. NSPIRE Healthcare Kendall / XL Specialty Insurance Company
HR Law Cases
JCC Kerr (Miami)(Paul Terlizzese) (2-9-23)- Denied claimant’s motion for advance. The JCC found the claimant had no work restrictions from an authorized treating physician. While the claimant no longer worked for the employer, she failed to prove that this was a result of the industrial injury as she testified that she intended to look for part-time work in lieu of her employment even before the accident. The claimant failed to show she was behind in her monthly bills. The JCC... View More
Williams v. Brevard County Rescue / Preferred Governmental Claims Solutions
HR Law Cases
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
Case Law Update December 2022
Case Law Updates
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