Florida Case Law Update

Tuesday, July 7, 2015 | 0

NEW! 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.

NEW! School Board of Lee County and Johns Eastern Company, Inc. v. Leila Huben, 1D14-4476, (06/22/2015): Florida workers face an absolute deadline on psyche claims six months after they reach maximum medical improvement for a physical injury, the 1st District Court of Appeal ruled.

NEW! Leggett v. Barnett Marine, 1D14-4432, (06/04/2015): The Florida 1st District Court of Appeal ruled that an injured worker's act of fraud required that all the contested and unresolved claims he had filed be resolved against him, so he had no entitlement to benefits up until the date of his misrepresentation.

NEW! Carlson v. FedEx Ground Package Systems, 13-14979, (05/28/2015): The 11th U.S.Circuit Court of Appeals said a jury must decide whether a group of Florida FedEx drivers were independent contractors or employees, since it couldn't make a determination as a matter of law.

NEW! Moradiellos v. Community Asphalt Corp., 3D14-794, (06/03/2015): A worker's estate could not seek a civil remedy against his former employer, as a matter of law, for his death from a dump truck accident on a road construction project, the 3rd District Court of Appeal ruled.

NEW! Kline v. JRD Management Corp., 1D15-0562, (06/02/2015): The Florida 1st District Court of Appeal granted an injured worker's request for an order directing the judge of compensation claims from presiding over her case.

NEW! Booker v. Sumter County Sheriff's Office, 1D14-4812, (05/29/2015): The Florida 1st District Court of Appeal upheld a judge's rulings accepting medical opinions into evidence and used the decision as a chance to explain how the "Daubert test" for the admissibility of expert scientific testimony is supposed to work.

Pearson v. BH Transfer, 1D14-4560, (05/27/2015): Florida's 1st District Court of Appeal ruled that a carrier's failure to promptly respond to a worker's request for authorization for surgery cost it the ability to challenge the medical necessity of the procedure.

CVS Caremark v. McIntosh, 1D14-4703, (05/22/2015): The 1st District Court of Appeal upheld an award of mental health care for a pregnant pharmacy worker who had been the victim of an armed robbery and reversed the denial of her request for temporary total disability benefits for her psyche condition.

Suarez v. Steward Enterprises and Travelers Ins. Co., 1D 14-3495, (05/12/2015): The Florida 1st District Court of Appeal ruled that the maximum fee an expert medical adviser can receive for his deposition testimony is $200 per hour.

Broadspire v. Jones, 1D14-3063, (05/08/2015): The 1st District Court of Appeal reversed an award to an injured worker for the attendant care services provided by his wife as not being supported by adequate findings of fact.