Florida Case Law Update

Tuesday, October 15, 2013 | 0

NEW! Anheuser-Busch Companies v. Staples, 1D13-1038, (10/09/2013): A divided Florida appellate court ruled that a single law firm could not represent an employer's workers' compensation lien interest in a premises liability action by an injured employee while also representing the defendant in the premises liability action. 

NEW! K-C Electric Co. v. Walden, 1D13-1145, (10/07/2013): The 1st District Court of Appeal ruled that the 1994 legislative amendments to Florida's workers' compensation laws did not change the statutory definition of "wages" so as to exclude a corporate shareholder's pro rata portion of the corporation's profits.

Martin v. Code Enforcement, City of Jacksonville, 1D13-1344, (09/23/2013): A Florida appellate court overturned a judge's denial of a claimant's request for costs associated with a medical conference between her attorney and her doctor.

Westphal v. City of St. Petersburg, No. 1D12-3563, (09/23/2013): A fractured Florida 1st District Court of Appeal backed away from an earlier panel decision that held that the statutory 104-week limit on temporary disability benefits was unconstitutional for a worker who had not reached maximum medical improvement.

Carroso v. State of Florida, 2D11-1282, (09/18/2013): The 2nd District Court of Appeal ruled that an injured worker who was convicted of insurance fraud was entitled to a new trial because the trial judge had erred in determining what the "monetary value" of his alleged fraud had been. 

Amcon Builders v. Pardo, 3D13-1169, (09/04/2013): The Florida 3rd District Court of Appeal ruled that it did not have jurisdiction to review a trial judge's denial of an employer's motion for summary judgment based on the defense of workers' compensation exclusivity since the judge did not rule that this defense was unavailable to the employer. 

Collins v. Mosaic Fertilizer and Gallagher Bassett Services, 1D12-4830, (08/22/2013): The 1st DCA found that Judge Margaret E. Sojourner erred by disregarding the opinion of an expert medical adviser and denying an injured worker's claim that he had developed subdural hematomas one year after suffering a compensable fall.

Owen v. City of Key West and Employers Mutual, 1D13-0187, (08/22/2013): The 1st DCA said Judge Laura Roesch erred by concluding that Section 440.34 of the Florida statutes prohibited her from approving a retainer agreement under which claimant Wayne M. Owen Jr. would pay his attorney an hourly fee to defend him at a hearing on the employer/carrier's motion to tax costs.

Savard v. Rio Vista Management Group, 1D12-5265, (08/22/2013): A 1st DCA panel reversed and remanded a decision by Judge Geraldine B. Hogan to deny a claim of permanent total disability benefits by Robert Savard.

Audio Visual Innovations v. Spiessbach, 2D12-5874, (08/16/2013): The 2nd District Court of Appeal reversed a trial court decision and ordered an injured worker to take his retaliatory discharge claim to arbitration.