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compwriter@gmaildotcom
over 5 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: Home-Based Worker Cannot Recover for Injuries Related to Tripping Over Her Dog
In a deeply divided decision, a Florida court reversed an award of benefits to a home-based worker (working in Arizona) who tripped over her dog as she reached for a coffee cup during a brief break in her daily work activities. The court agreed that the...
compwriter@gmaildotcom
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: City Successfully Rebuts First Responder Presumption Regarding Heart Disease
A Florida appellate court held a municipality had successfully rebutted the presumption of compensability [see § 112.18(1)(a), Fla. Stat.] regarding a correction officer's claim of cardiac disease (atrial fibrillation), where the evidence suggested...
compwriter@gmaildotcom
over 6 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: Judge Could Not Compel Claimant to Undergo Functional Capacity Evaluation
Stressing that substantive rights under Florida workers’ compensation law are established by the date of the accident and that the 1988 law, which would apply in the instant case, did not contain any provision that could compel a claimant to undergo...
Larson s Spotlight
over 9 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Federal: Resort Is Statutory Employer of Staffing Company’s Parking Attendants
A parking attendant, who worked for a staffing company that contracted with a resort hotel to supply workers for valet parking is barred by the exclusive remedy doctrine from suing the resort in tort for injuries he sustained when he slipped on water...
compwriter@gmaildotcom
over 7 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: Dental Assistant’s Retaliatory Discharge Action May Move Forward
A Florida trial court erred when it dismissed a former employee’s complaint against her former employer for failing to state a cause of action in her retaliatory discharge civil action [see § 440.205, Fla. Stat.], where she alleged that from...
Larson s Spotlight
over 9 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: Employer’s Failure to Notify Carrier of Injury Claim Proves Prejudicial to Carrier
A Florida appellate court, reversing in relevant part a decision by a state JCC, held that a worker should have been reimbursed for all his medical expenses, mileage and co-payments incurred for treatment of a work-related injury in spite of the fact...
compwriter@gmaildotcom
over 6 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: Physicians Need Not “Interrogate” Claimants Regarding Allegedly False Statements
Florida’s workers’ compensation fraud statute, § 440.105(4), Fla. Stat., does not require a physician to “interrogate” the claimant regarding what may have been false or misleading statements provided by the claimant to the...
compwriter@gmaildotcom
over 6 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: JCC Correctly Disregarded Portion of EMA’s Opinion
The Judge of Compensation Claims appropriately disregarded the expert medical advisor’s (EMA’s) opinion that a claimant had a permanent impairment rating of at least 15 percent, as provided in the Class 2 classification of arrhythmias under...
Larson s Spotlight
over 9 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: Surviving Spouse’s Fails to Establish Employee’s Death Was “Virtually Certain”
A Florida appellate court affirmed a trial court’s summary judgment favoring a general contractor in a civil action filed against it by the surviving spouse of an employee who was run over and killed by a dump truck while the employee worked at...
Robert J. Grace Jr.
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida Workers’ Compensation: The Great Wait
All eyes are on Florida and the key challenges to its workers’ comp laws, including whether the “Grand Bargain” exists One year ago when the Foreword to the 2014 Edition of Dubreuil’s Florida Workers’ Compensation Handbook...
Larson s Spotlight
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: 3rd DCA Strikes Down “Padgett” Decision on Mootness and Standing Grounds
The Third District Court of Appeal has reversed the much-talked-about “Padgett” decision by Circuit Court for Miami-Dade County Judge Jorge Cueto, which last August declared unconstitutional the exclusive remedy provision of the state’s...
Jennifer Jordan
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
The Battle Over Reliable Expert Testimony: Florida Courts May Stop Using Daubert, But Not in Workers’ Compensation
By Jennifer C. Jordan, Esq., General Counsel, MEDVALL, LLC On December 4, 2015, the Florida Bar Board of Governors approved 33-9 the Code and Rules of Evidence Committee’s (CREC) recommendation to use the Frye standard for evaluating expert testimony...
Larson s Spotlight
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: Expert Medical Advisor’s Admissible, But Not Presumed Correct on Issues Not Directly Addressed by the Parties
Where a judge of compensation claims (JCC) appointed an expert medical advisor to help resolve disagreements among the claimant’s and insurer’s physicians, the JCC erred when he excluded the EMA’s opinions regarding apportionment on...
Larson s Spotlight
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: Premises Owner That Contracts With Cleaning Service Is Not Statutory Employer
Where a health care system (“the system”) owned a children’s clinic and contracted with a service company for the latter to provide cleaning services at the clinic, the system was not the statutory employer of the service company’s...
Larson s Spotlight
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: Supreme Court Strikes Down Mandatory Attorney Fee Schedule for Claimants
The Supreme Court of Florida, in a split decision, held that the mandatory attorney fee schedule contained in § 440.34, Fla. Stat., which precludes any consideration of whether the fee award is reasonable to compensate the attorney, is unconstitutional...
Larson s Spotlight
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: “Angry Thoughts” About Co-Worker Do Not Constitute Employee Misconduct
Statements made by a workers’ compensation claimant to her attorney that she felt like “punching the lights” out of a co-worker, whom the claimant felt had intentionally caused the claimant injury at work, were not the sort of acts that...
Robert J. Grace Jr.
over 8 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: An Overview of Recent Decisions on Constitutionality of Workers’ Compensation Act
By Robert J. Grace, Jr., Esq., The Bleakley Bavol Law Firm, and Lyle Platt, Esq., Clarke & Platt, P.A. For two years now we have written about a collection of cases which represent the most closely watched and eagerly anticipated workers’...
Larson s Spotlight
over 7 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: 104-Week Limit on TTD Benefits Found Unconstitutional
In a split decision, the Supreme Court of Florida struck down the state’s 104-week limit on TTD benefits for injured workers who remain totally disabled after the capped time period, but who have not yet reached MMI. The majority held the limit...
compwriter@gmaildotcom
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: Court Clarifies Level of Expertise Required for IMEs
An independent medical examiner (IME) offered by the employer to opine on whether there was a sufficient causal connection between an employee’s lung condition and his employment need not be a board-certified pulmonologist, held a Florida appellate...
compwriter@gmaildotcom
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: Undocumented Worker Denied Medical Care Following Injury
Affirming a decision by a state Judge of Compensation Claims, a Florida appellate court has agreed that an undocumented worker who sustained injuries in a work-related accident can be denied benefits on the basis that he used someone else’s Social...
compwriter@gmaildotcom
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: JCC Must Be Careful in Making Findings Contrary to EMA’s Opinion
Where a Florida expert medical advisor (EMA) wavered slightly in answering a hypothetical question offered to the doctor on cross-examination, but clearly indicated in the EMA’s report that the injured worker had reached MMI, it was error for the...
compwriter@gmaildotcom
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: Division’s Payment of Annual COLA Tolls Statute of Limitations
Payment of cost-of-living adjustments (COLA) by the Division of Workers’ Compensation are the sort of “compensation” outlined in § 440.15(1)(f), held the Supreme Court of Florida. Accordingly, where an employer inexplicably stopped...
compwriter@gmaildotcom
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: Heightened Burden Sinks Claim for Fungal Meningitis
A Florida appellate court held that a Judge of Compensation Claims erred in awarding workers’ compensation benefits to a claimant for an alleged toxic exposure claim in the form of fungal meningitis in as much as the statutes in question—§...
compwriter@gmaildotcom
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: Injuries Sustained During Employer-Sponsored Bowling Event Are Compensable
Injuries sustained by a Florida employee during an employer-sponsored bowling event arose out of and in the course of the employee’s employment since the event was not a “recreational activity” as defined in § 440.092(2), held a...
compwriter@gmaildotcom
over 4 years ago
Workers' Compensation
Recent Cases, News, Trends & Developments
Florida: Employee Fired Before Actual Filing of Claim May Still Pursue Retaliatory Discharge Action
Where an injured employee was fired less than two weeks after sustaining an injury and before he had actually filed a workers’ compensation claim, he could nevertheless pursue a retaliatory discharge action, held a Florida appellate court. The court...
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