Florida Case Law Update

Tuesday, October 13, 2015 | 0

NEW! Babahmetovic v. Scan Design Florida/Zenith Insurance Co., 1D14-2986, (10/08/2015): An injured worker had a right to change his authorized treating physician even though his employer had denied his claim based on a preexisting condition, the Florida 1st District Court of Appeals ruled, reversing the judge of compensation claims.

NEW! Fernandez v. Florida A&G Co., No. 3D14-129, (10/07/2015): A divided Florida appellate court ruled that a worker whose hand was severed by a metal-cutting saw could not proceed with his intentional tort claims against his employer and special employer as a matter of law.

NEW! Matheny v. Indian River Fire Rescue, 1D15-2719, (10/02/2015): Florida's 1st District Court of Appeals ruled that the 30-day deadline for a party to petition review of a ruling by a judge of compensation claims is not extended by Florida Rule of Judicial Administration 2.514(b).

NEW! Edmond v. Avis Budget Group, 1D14-5945, (10/02/2015): A Florida appellate court side-stepped having to decide the constitutionality of the state's statutory cap on attorney fees and ordered a judge of compensation claims to rule on a worker's entitlement to a fee award for his attorney's work in securing a fee award based on the worker's recovery on his comp claim.

NEW! Bedwell v. Stone Container Corp., 1D15-2686, (09/30/2015): The 1st District Court of Appeal ruled that a judge of compensation claims did not depart from the essential requirements of law in ordering a worker to attend an independent medical examination.

NEW! Sierra v. Metropolitan Protective Services, 1D15-0094, (09/30/2015): Florida's 1st District Court of Appeal revived an injured security guard's claim for a psyche injury, saying the judge of compensation claims needed to decide whether the employer had waived its ability to deny the compensability of his condition.

Gutierrez v. The Port Royal Club, 1D15-0002, (09/09/2015): Florida's 1st District Court of Appeal overturned a judge's order compelling an injured worker to attend a psychological evaluation since the parties had not asked the judge for such a ruling.

Moradiellos v. Community Asphalt Corp., 3D14-566, (09/02/2015): Florida's 3rd District Court of Appeal ruled that the “unrelated works” exception to workers' compensation immunity does not apply to a claim by an employee of the contractor against a subcontractor that had secured workers’ compensation insurance for its employees.

Slora v. Sun 'n Fun Fly-In, 2D14-2745, (08/26/2015): The 2nd District Court of Appeal ruled that the operator of a Polk County air show was not immune from civil liability to a security guard who suffered injuries when a tornado whisked her off the ground four years ago while she was working at the event.

Vasquez v. Romero, 1D15-0623, (08/19/2015): The 1st District Court of Appeal ruled that a judge of compensation claims cannot exercise jurisdiction over discovery requests issued by a defendant after the claimant had voluntarily dismissed his petition for benefits.