Greetings all, just an update as to the status. As of this morning, a Motion for Reconsideration/Rehearing has not been filed yet. The Division of WC and other parties have 15 days from the order date of 2/25/26 to file the request or the decision becomes final.
The Division could also request the 1st DCA re-hear the case En Banc, which means all 15 or so Judges at the 1st DCA sit and hear it together (3 judges typically decide each case, and it is only all 15 judges on bigger important cases).
Another path is the Division may ask the 1st DCA to certify the question to the FL Supreme Court of whether they were permitted to expand the section of 440.13 to prevent Employer/Carriers from denying scripts because they were not dispensed by a pharmacy/pharmacist. The Division could also appeal directly to FL Supreme Court. The FL Supreme Court would not have to hear the case, they could simply just deny to hear it, and then this DCA case would be final.
It does appear that while any further appeals or re-hearings go forward, the current state of the law remains in place temporarily, and dispensing is still not something that can be denied yet.
I am keeping an eye on the docket for any filings, here is a link. But status quo as of 10:30 this morning.
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Sincerely,
Morgan Indek | Managing Partner