Florida Case Law Update

Tuesday, March 3, 2015 | 0

NEW! American Airlines v. Hennessey, 1D14-3604, (02/23/2015): The 1st District Court of Appeal overturned an award of payment to an injured worker for the attendant care services he received from his wife.

NEW! Roof Painting by Hartzell v. Hernandez, 1D14-0112, (02/16/2015): The 1st District Court of Appeal reversed a finding of "dual employment" and joint liability between a contractor and subcontractor for a worker's injuries.

NEW! Miami-Dade County v. Mitchell, 1D14-1446, (02/05/2015): The 1st District Court of Appeal overturned a judge of compensation claim's finding that a municipal employer had failed to rebut the presumption of industrial causation for a peace officer's heart condition.

NEW! Shannon v. Cheney Brothers, No. 1D14-2131, (01/30/2015): Florida's 1st District Court of Appeal ruled that a party has 30 days to appeal the denial of a motion for advance compensation because such a ruling is a final order for appellate purposes, regardless of whether there are other pending and procedurally ripe claims.

NEW! Jacobs v. ClarkWestern Building Systems, 1D14-2730, (01/30/2015): The 1st District Court of Appeal reversed the denial of a worker's claim for pain management treatment based on the judge of compensation claims' apparent misunderstanding of the expert medical advisor's opinion.

Hector v. State of Florida, 14-763, (01/16/2015): Florida's Supreme Court denied review of a long-pending case on whether workers who used false Social Security numbers to gain employment could be prosecuted for workers' compensation fraud, even if they haven't filed claims for benefits.

AMS Staff Leasing v. Taylor, 4D14-1387, (01/07/2015): A Florida appellate court ruled that a Texas employer could compel arbitration of its former employee's claim that he had been fired in retaliation for filing a petition for workers' compensation benefits.

Amerisure Mutual Insurance Co. v. Florida Department of Financial Services, 1D14-0873, (01/02/2015): The 1st District Court of Appeal ruled that a comp carrier was not entitled to credits against its future statutory assessment obligations to the Special Disability Trust Fund and Workers’ Compensation Administration Trust Fund based on its reported negative net premium for the calendar year.

Phillips v. Republic Financial Corp., 5D13-3170 and 5D 13-3174, (01/02/2015): The 5th District Court of Appeal ruled that the owner of a warehouse was not entitled to summary judgment dismissing a lawsuit by the family of a worker who was injured falling through a painted-over skylight at the property.

City of Miami Beach v. Marten, 1D14-3109, (12/30/2014): The 1st District Court of Appeal ruled that an injured worker was not entitled to penalties and interest on his award of impairment income benefits because his benefits were timely paid.

City of Fort Pierce v. Spence, 1D14-937, (12/30/2014): The 1st District Court of Appeal issued a second decision in less than a month saying a precedent on the major contributing cause analysis from Bysczynski v. United Parcel Services is being misapplied.

Clark v. R&L Carriers, 14-2886, (12/23/2014): A Florida appellate court ruled that a truck driver who had concealed his prior injuries and comp claim in Ohio from his new employer and authorized treating doctors was barred from receiving benefits for his later accidents.

O'Connor v. North Okaloosa Medical Center, 1D14-0623, (12/12/2014): The 1st District Court of Appeal ruled that the doctrine of res judicata did not bar an injured worker, who had unsuccessfully applied for permanent total disability benefits, from seeking temporary total disability benefits covering the same period of disability.

Jackson v. Columbia Pictures, 1D14-3018 and 1D14-3019, (12/16/2014): The 1st District Court of Appeal ruled that a worker with a brain injury could not be compelled to treat with a doctor authorized by his employer's insurance carrier nor to undergo an independent medical examination that evaluated anything more than the treatment issue he had placed in dispute.