recent prOcedural appellate deciSiOnS
Workers’ Compensation Section Co-Chairs: AnthonyCortese – AnthonyV. Cortese, AttorneyatLaw & Ya’ SheakaWilliams – Quintairos, Prieto, Wood & Boyer
three recent rulings set new procedural guidelines for practitioners.
Three recent rulings of the Florida First District Court of Appeal set new procedural guidelines for practitioners. The first was an interpretation of the rules governing summary judgment; the second held that appellate rules of procedure could not be overturned by administrative code; and the third addressed which issues were ripe for adjudication and which were not.
In Dewald v. School District of Manatee County, 1D2024-2883( September 12, 2025), the Judge of Compensation Claims granted a motion for summary judgment denying the claimant the medical benefits at issue. The Employer / Carrier supported its motion for
summary judgment with a report from the authorized treating physician, who said that the claimant’ s treatment was not work related and should be covered by his personal insurance. The claimant filed a response the next day saying there were various issues that could be disputed by a deposition of the doctor or by an analysis of issues involving the 120-Day rule. The First District affirmed the decision of the Judge that summary judgment should be granted because the claimant presented no evidence to support its contentions. The First District pointed out there was not even an attempt to set the deposition of the doctor in question. The
First District also pointed out that the claimant has the burden of proof that medical care is needed and related to the work injury. Because a motion for summary judgment by the Employer / Carrier was pending and supported by evidence, and the Claimant produced no evidence, the summary judgment order was affirmed.
The case of Gonzalez v Axiom Contracting Group, 1D2023-1498( September 24, 2025) held that an administrative rule cannot override a Rule of Procedure adopted by the Florida Supreme Court. Florida Rule of Appellate Procedure 9.180 says an appellant has 30 days to file
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