Florida Case Law Update

Thursday, March 26, 2015 | 0

NEW! Perez v. Southeastern Freight Lines, 1D14-3821, (03/20/2015): A Florida appellate court overturned a judge's decision to deny temporary total disability to a worker whose employer had stipulated to the compensability of his injury, finding the judge had applied the wrong standard of proof to the worker's claim.

NEW! Echevarria v. Luxor Investments, 1D14-3540, (03/18/2014): The 1st District Court of Appeal ruled that a worker's receipt of permanent impairment rating does not entitle him to ongoing palliative treatment, unless he can show that the treatment is medically necessary for his compensable injury.

NEW! Cortes-Martinez v. Palmetto Vegetable Co., 1D14-1825, (03/10/2015): Florida's statutory cap on attorney fees does not limit an attorney to collecting only 10% of the benefits secured for the life of a claim after the $10,000 threshold is reached, the 1st District Court of Appeal ruled.

NEW! Gonzalez v. AMC, 1D14-5493,(03/12/2015): The 1st District Court of Appeal denied a worker's request that it overturn a judge's order for her to submit to a physical examination by an expert medical advisor.

NEW! AMS Staff Leasing v. Taylor, 4D14-1387, (03/04/2015): A Florida appellate court revised its decision from earlier this year, finding 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.

NEW! Hamilton v. Pilgrim's Pride, 1D14-2436, (03/03/2015): A Florida appellate court ruled that an employer's bankruptcy did not discharge an injured worker's claims of harassment and retaliation, to the extent that they allegedly arose after the date her employer filed its Chapter 11 petition.

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.

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.

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.

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.

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.