Florida Case Law Update
Tuesday, September 22, 2015 | 0
NEW! 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.
NEW! 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.
NEW! 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.
Cruz v. State of Florida Department of Legal Affairs, 1D14-4419, (08/19/2015): Florida 's 1st District Court of Appeal ruled that a judge's finding that a worker is entitled to further medical evaluations does not foreclose the judge from finding the worker to be at maximum medical improvement.
Ciprian-Escapa v. City of Orlando , 5D14-2852, (07/17/2015): A Florida appellate court ruled that a trial judge's failure to conduct an evidentiary hearing on an employer's subrogation claim rendered the default judgment void.
Gonzalez v. Quinco Electrical, 1D14-5395, (07/15/2015): Florida's 1st District Court of Appeal sharply rebuked a claimants' attorney for his "gamesmanship" tactic to prevent a carrier from timely responding to his client's request for a one-time change of physician and ruled that the trial judge properly deemed the carrier's response to have been timely in light of the attorney's behavior.
Sanchez v. American Airlines, 1D14-4907, (07/14/2015): An employer's payment of a fee award is neither a payment of compensation nor the furnishing of medical treatment, and so it will not extend the filing period for a worker to file a petition for benefits, the Florida 1st District Court of Appeal ruled.
Scherer v. Volusia County Department of Corrections, 1D14-2205, (07/08/2015): The Florida 1st District Court of Appeal ruled that a corrections officer could avail himself of the presumption of industrial causation for a heart condition with an alleged date of disablement that preceded the effective date of a statute that established a time limit for filing a workers' compensation claim.
State of Florida v. Florida Workers’ Advocates et al., 3D14-2062, (06/24/2015): The Florida 3rd District Court of Appeal dismissed a district court judge's ruling that the state workers' compensation system is unconstitutional, for procedural reasons, failing to address the core arguments of the case.
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