Important Recent Case Law for Florida

Monday, March 4, 2013 | 0

NEW! Steve Beavers v. Carpenter Contractors of America and Alternative Service Concepts, 1D12-0324, (02/26/2013): Florida's 1st District Court of Appeal is giving an injured worker a second chance to challenge his employer's deauthorization of his pain management doctor.

NEW! Richard R. Taylor v. Tgi Friday's, Inc. and Gallagher Bassett Services, Inc., 1D11-6356, (02/22/2013): A Florida worker was entitled to payment for his hospital bills for treatment of symptoms that an expert medical adviser found were linked to the worker's compensable injury.

NEW! Hillsborough County School Board v. John E. Kubik, 1D12-2165, (02/20/2013): A divided Florida 1st District Court of Appeal overturned a judge's determination that an employer, who successfully defended against some of the claims brought by its injured worker, was not a "prevailing party."

NEW! Joy Hinzman v. Winter Haven Facility Operations LLC D/B/A Consulate Health, 1D12-2382, (02/18/2013): Florida law requires that a carrier authorize an injured employee's written request for a change of physician within five calender days – not five business days.

Arnau v. Winn Dixie Stores, 1D12-1318, (02/05/2013): Clear and convincing evidence did not support a judge of compensation claims' decision to deny a diagnostic evaluation by a thoracic surgeon, Florida's 1st District Court of Appeal ruled.

Black v. Tomoka State Park and Division of Risk Management, 1D12-3386, (02/05/2013): A claimant may pursue authorization of medical care because pending fees and costs issues tolled the one-year statute of limitations, Florida's 1st District Court of Appeal ruled.

Buttrick v. By the Sea Resorts, 1D12-3384, (2/5/13): A judge of compensation claims should have determined whether a resort cook's medical condition had reached maximum medical improvement before ruling on her permanent total disability claim, Florida's 1st District Court of Appeal determined.

Smith v. Time Customer Services and Travelers, 1D12-2398 (01/31/2013): The doctrine of res judicata did not bar an injured worker's petition for a sleep number mattress prescribed by her authorized physician, Florida's 1st District Court of Appeal concluded.

Orange County v. Wilder, 1D12-1401, (01/24/2013): An employer failed to prove that a correctional officer's viral cardiomyopathy was not caused by her work, Florida's 1st District Court of Appeal ruled.

List Industries, Inc. v. Dalien, 4D11-2802, (01/23/2013): The stringent standard for intentional tort lawsuits prevented a worker from obtaining a $2.7 million jury award, according to a decision from Florida's 4th District Court of Appeal.