Workers' Compensation

Recent Posts

Florida: Court Reverses $15,000 “Fine” Against Employer’s Carrier
Posted on 3 Aug 2021 by Thomas A. Robinson

Finding that a Florida circuit court had jurisdiction, pursuant to § 440,23(1), Fla. Stat., to award sanctions to an injured worker who contended the employer’s carrier who failed to provide orthopedic care following the entry of an order by... Read More

Florida: Insurance Cancellation Effective in Spite of Insurance Certification
Posted on 11 Apr 2021 by Thomas A. Robinson

An insurer’s cancellation of coverage related to a workers’ compensation insurance policy was effective in spite of the fact that, prior to the injury in dispute, the carrier’s agent had sent the general contractor a certification that... Read More

Florida: 52-Week Filing Requirement for First Responder PTSD Claim Runs From Qualifying Event
Posted on 26 Dec 2020 by Thomas A. Robinson

The 52-week filing requirement related to first responder PTSD claims in § 112.1815(5)(d), Fla. Stat., runs from the date of the qualifying event specified in the statute and not from the date the first responder manifests PTSD symptoms, held a Florida... Read More

Florida: Maintenance Worker Was not the Statutory Employee of Public Utility
Posted on 21 Nov 2020 by Thomas A. Robinson

While the provision of electricity to its Florida customers required that a Florida utility company maintain its equipment, a company with whom the utility contracted for maintenance work did not do so on the basis of any subletting of the utility's... Read More

Florida: JCC's Credibility Findings Sufficient to Withstand Employer's Fraud Charge
Posted on 26 Jul 2020 by Thomas A. Robinson

A JCC's decision finding that a workers' compensation claimant had not knowingly misrepresented her post-injury earnings was affirmed by a state appellate court in spite of considerable evidence that contrary. The claimant sustained a work-related... Read More

Florida: JCC Has No Jurisdiction to Order Reinstatement of Injured Worker's Personal Leave Account with Employer
Posted on 26 Jul 2020 by Thomas A. Robinson

A JCC's decision to deny claimant's request for temporary disability benefits on the basis that the claimant had received full pay during the period from the claimant's bank of accumulated sick time was error, held a Florida appellate court... Read More

Florida: Court Kicks Important One-Time Change in Physician Issue to Supreme Court
Posted on 28 Jun 2020 by Thomas A. Robinson

Construing Florida's one-time change of physician statute, § 440.13(2)(f), a state appellate court held, in a divided decision, that it is insufficient for an employer or carrier to provide the worker with the name of a new physician within the... Read More

Florida: Grace Period to Avoid Attorney’s Fees is Not Extended by Weekends or Holidays
Posted on 10 Mar 2020 by Thomas A. Robinson

The 30-day “grace” period found in § 440.34(3)(b), Fla. Stat., which allows an employer/carrier to avoid the imposition of attorney fees if the the employer/carrier either accepts the claim or provides the requested benefits within 30... Read More

Florida: Employer Who Denies Claim Not Always Estopped From Later Defending Tort Action on Exclusivity Grounds
Posted on 2 Feb 2020 by Thomas A. Robinson

Distinguishing several earlier Florida decisions, in which an employer had been barred from asserting immunity from tort liability on exclusive remedy grounds after it had denied the employee’s workers’ compensation claim on grounds that the... Read More

Florida: Employee Fired Before Actual Filing of Claim May Still Pursue Retaliatory Discharge Action
Posted on 2 Feb 2020 by Thomas A. Robinson

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... Read More

Florida: Injuries Sustained During Employer-Sponsored Bowling Event Are Compensable
Posted on 5 Jan 2020 by Thomas A. Robinson

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... Read More

Florida: Heightened Burden Sinks Claim for Fungal Meningitis
Posted on 5 Jan 2020 by Thomas A. Robinson

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—§... Read More

Florida: Division’s Payment of Annual COLA Tolls Statute of Limitations
Posted on 19 Dec 2019 by Thomas A. Robinson

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... Read More

Florida: JCC Must Be Careful in Making Findings Contrary to EMA’s Opinion
Posted on 19 Dec 2019 by Thomas A. Robinson

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... Read More

Florida: Undocumented Worker Denied Medical Care Following Injury
Posted on 7 Nov 2019 by Thomas A. Robinson

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... Read More