The decisions
- City of Maitland & Davies Claims North America, Inc. v. McGovern (1st DCA, October 7, 2026) — A prior employer invoking section 440.151(5) cannot shift a firefighter's heart claim to a later employer whose preemployment physical showed existing heart disease, absent evidence connecting the two. Read it →
- EB Rumble Franchising, LLC v. Three South Tampa LLC (M.D. Fla., October 30, 2026) — This M.D. Fla. order requires independent proof of irreparable harm despite § 542.335(1)(j). It also upholds as not overbroad a two-year, ten-mile franchise noncompete covering any fitness business. Read it →
- Clark v. Amazon.com Services, LLC (1st DCA, October 7, 2026) — JCCs must assess insolvency for appellate cost relief under the totality of the circumstances. They cannot deny relief solely for omitting income the official OJCC form never requested. Read it →
The practical upshot
- Carriers asserting last injurious exposure in firefighter heart claims need independent evidence linking the condition to the later employment, especially where preemployment physicals show disease.
- When seeking or opposing noncompete injunctions in federal diversity cases, build an evidentiary record on irreparable harm rather than relying on Florida's statutory presumption.
- When filing or contesting workers' compensation cost-relief petitions, address the full financial picture, including marital income the OJCC affidavit form may not request.
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