Workers' Compensation

Recent Posts

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

Florida: Court Clarifies Level of Expertise Required for IMEs
Posted on 24 Oct 2019 by Thomas A. Robinson

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... Read More

What’s New in Florida Workers’ Compensation: 2018
Posted on 21 Jun 2018 by LexisNexis Workers' Comp Law Newsroom Staff

By Robert J. Grace, Jr., Esq. & Lyle Platt, Esq. Since publication of our last edition of Dubreuil’s Florida Workers’ Compensation Handbook (LexisNexis), legislative activity was confined to a popularly supported bill regarding first... Read More

Florida: Construction Worker’s Intentional Tort Action Fails Under “Virtually Certain” Standard
Posted on 2 Aug 2013 by Larson's Spotlight

Construing the state’s intentional tort exception to workers' compensation immunity (§ 440.11(1)(b), Fla. Stat.), a Florida appellate court recently affirmed a trial court’s entry of final summary judgment in favor of plaintiff’s... Read More

Florida: Premises Owner That Contracts With Cleaning Service Is Not Statutory Employer
Posted on 25 Mar 2016 by Larson's Spotlight

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... Read More