Important Recent Florida Case Law

Tuesday, September 17, 2013 | 0

NEW! 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.

Covell v. Cracker Barrel Old Country Store Inc., 1D13-1232, (08/15/2013): A judge of compensation claims may compel the production of documentary evidence, even before the filing of a petition for benefits, the 1st District Court of Appeal ruled. 

Diaz-Llerena v. Spillis, Candela & Partners Inc., 1D12-5556, (08/09/2013): A settlement agreement releasing an employer and the employer's insurance carrier from further liability for a worker's injury did not automatically entitle the employer and carrier to summary dismissal of a petition seeking benefits allegedly still due under the terms of the settlement, ruled the 1^st District Court of Appeal. 

Bustamente v. Amber Construction Co., 1D13-1118, (08/01/2013): A claims adjuster's unilateral notice to a medical provider that it was being authorized to treat an injured worker, in response to a request by that worker for a new doctor, did not fulfill the carrier's statutory obligations under Florida Statute Section 440.13(2)(f).