Important Recent Case Law for Florida

Wednesday, March 30, 2011 | 0

NEW! McDermott v. UPS/Liberty Mutual, 1D10-3557, (3/28/2011): A judge of compensation claims must rely on submitted evidence when awarding a fee based on an hourly rate, ruled the 1st District Court of Appeal.

NEW! Jewell v. Gevity HR, 1D10-4126, (3/23/2011): A judge of compensation claims should not have apportioned a worker's benefits because there was no evidence of a preexisting permanent impairment or disability, said the 1st District Court of Appeal.

NEW! Kauffmann v. Community Inclusions, 1D10-4046, (03/23/2011): Florida's 1st District Court of Appeal rejected a challenge to the latest statutory amendment capping claimants' attorneys' fees this week, in a case that appears destined for the state Supreme Court.

Diversified Maintenance Systems Inc. v. Francisco Soto Fuerte, 1D10-5499, (02/28/2011): An employer and claimant's managed care agreement limited the claimant's choice of an alternate primary care provider, ruled the 1st District Court of Appeal.

Owens v. CCJ Auto Transport, 1D10-1278, (03/02/2011): Florida had jurisdiction over a truck driver's claim for an out-of-state injury because the parties formed his employment contract in the state of Florida, ruled the 1st District Court of Appeals.

Bend v. Shamrock Services, et al., 1D10-0019, (02/28/2011): A judge of compensation claims could not deem a policy void merely because an employer had lied on its insurance policy and avoided two audits, ruled the 1st District Court of Appeals.

Special Disability Trust Fund v. Miami Airport Hilton, 1D10-4406, (02/22/11): A four-year statute of limitations barred an employer's reimbursement claim from the Special Disability Trust Fund, because the employer did not contest the fund's failure to send reimbursement in a timely manner, Florida's 1st District Court of Appeal ruled.

Carrillo v. Case Engineering, Inc. and the Claims Center, 1D09-6401, (02/11/2011): A construction worker is entitled to attorney fees after defeating an employer's fraud defense, the 1st District Court of Appeal concluded.

Raymond M. Williams v. Dept. of Transportation, 5D09-1226, (01/28/2011): Florida's 5th District Court of Appeal found no fault in a decision to terminate a state employee who said he was going to shoot a co-worker who had threatened to get him in trouble, Florida's 5th District Court of Appeals ruled.

Glary v. Israel, 1D10-3204, 1D10-3349, (01/24/2011): A trial court must hold an evidentiary hearing to determine whether one claimant's firm actually owes a firm in receivership $274,549 in attorney fees, Florida's 1st District Court of Appeals ruled.