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Girardin v. AN Fort Myers, LLC/Gallagher Bassett, ___So.3d ___(Fla. 1st DCA 5/8/24) Attendant Care/Required Findings The DCA vacated the JCC award of nonprofessional attendant care.  The Order awarded care services provided by the claimant’s husband from 11/3/21 to 3/31/22, 30 hours a week at the federal minimum wage.  The JCC found some services to be attendant care but did not specify which “services” qualified for compensation. The DCA accepted the E/C argument that the JCC could not award nonprofessional attendant... View More

No DCA decisions this month. View More

No DCA decisions this month as of 3-15-24. View More

Kulzer v. Sarah Way/Greenleaf Trust, ___So.3d ___(Fla. 5th DCA 2/2/2024) Employer Vicarious Liability/Course and Scope Sarah Way was employed by Greenleaf, and her duties were to inspect and prep condo units for sale. During her workday travel, she negligently collided with Kulzer, who then sued Way and Greenleaf.  The trial court granted summary judgment in favor of Greenleaf as to vicarious liability, finding Way was not in the course and scope of her employment, based, in part, on the going-and-coming... View More

Updated 1-24-24 Rudolph v. Darien Smith / Liberty  Mutual/ Home Depot , ___ So.3d ___ (Fla. 1st DCA 1/24/24)Attorney Fees/Reasonableness/JCC Discretion The DCA reversed the JCC’s award of attorney fees based on a customary hourly rate instead of the contingency fee amount agreed to by the claimant and his attorneys.  The DCA found no exceptional circumstances existed which would have allowed the JCC to justify a reduction in the statute’s presumptively reasonable fee. The claimant had been rendered a ventilator-dependent... View More

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