Important Recent Florida Case Law
Friday, May 22, 2009 | 0
NEW! Rose v. North American Van Lines, SC07-2432 (05/14/2009): The Florida Supreme Court granted a petition for review and remanded a case back to the 1st District Court of Appeal for further consideration in light of the high court's 2008 decision in Sanders v. City of Orlando.
NEW! Boggs v. USA Water Ski, Inc., 1D08-1515 (05/13/2009): Under specific circumstances, a judge of compensation claims is not required to exclude an unauthorized doctor's opinion.
NEW! Burgess v. Buckhead Beef Florida, et al., 1D08-0987 (05/11/2009): A judge of compensation claims abused his discretion by quashing requests for medical depositions and denying other attempts to present medical evidence.
Pepsi Bottling Group Inc., et al. v. Underwood, 1D08-6216 (05/07/2009): An order to determine whether a claimant is entitled to an offset against overpaid benefits did not cause irreparable harm.
Central Florida Lumber Unlimited Inc. v. Qaqish, 2D08-1036 (04/29/2009): The trial court erred in determining that, because it was unlicensed, it was not entitled to workers' compensation immunity.
Capps vs. Industrial Blowpipe and Broadspire-Tampa, 1D08-5263 (04/21/2009): Attorney's fees agreed to by claimant and his lawyer were unreasonable, because the lawyer had already been compensated for the benefits secured.
Adams Homes of Northwest Florida Inc. v. Cranfill, 5D08-2359 (04/03/2009): Materialmen who serve construction sites are not statutory employees of general contractors and may file tort actions against general contractors for work-related injuries.
Diaz v. Impex of Doral Inc., et al., 3D07-1861 (03/18/2009): A trial court erred by declining to submit a question to a jury about whether a company was a worker's joint or single employer.
Centimark, et al. v. Jose Gonzalez, et al., 1D08-2751 (03/17/2009): A claimant's unreported earnings did not constitute 'wages' under Florida's workers' compensation statutes.
Hartford Insurance Co. v. Goff, 2D08-1307 (03/13/2009): A carrier may assert a lien against a dead worker's estate, but not against his survivors' portion of a wrongful death action.
Lanza vs. Damian Carpentry Inc., 1D08-2971 (03/13/2009): All inclusive settlement agreement without breakdown is not a failure of the essential terms and claimant attorney is not entitled to separate fees.
Adams Homes of Northwest Florida Inc. v. Cranfill, 5D08-2359 (04/03/2009): Materialmen who serve construction sites are not statutory employees of general contractors and may file tort actions against general contractors for work-related injuries.
Diaz v. Impex of Doral Inc., et al., 3D07-1861 (03/18/2009): A trial court erred by declining to submit a question to a jury about whether a company was a worker's joint or single employer.
Centimark, et al. v. Jose Gonzalez, et al., 1D08-2751 (03/17/2009): A claimant's unreported earnings did not constitute 'wages' under Florida's workers' compensation statutes.
Hartford Insurance Co. v. Goff, 2D08-1307 (03/13/2009): A carrier may assert a lien against a dead worker's estate, but not against his survivors' portion of a wrongful death action.
Lanza vs. Damian Carpentry Inc., 1D08-2971 (03/13/2009): All inclusive settlement agreement without breakdown is not a failure of the essential terms and claimant attorney is not entitled to separate fees.
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