Latest Publications

Share:

Judge of Compensation Claims Abused His Discretion in Denying a Motion to Continue a Final Hearing When the Reasoning Behind the...

Miami Donuts Payroll d/b/a Dunkin Donuts and Liberty Mutual v. Claudia Villarreal, Fla. 1st DCA, No.: 23-0789, November 6, 2024 - The claimant, a cashier, was shocked while plugging in a register at work. She later developed...more

Top 10 Developments in Florida Workers’ Compensation in 2024

1. As the employer/carrier was not able to overcome presumption, a firefighter’s COVID-19, requiring heart transplant, was found to be work-related. Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden,...more

A Pending Petition for Fees and Costs Only Does Not Toll Statute of Limitations, Nor Does Payment of Attorney’s Fees and/or Costs,...

American Airlines Group; American Airlines and Sedgwick CMS v. Alejandro Lopez, DCA#: 23-0379; May 22, 2024 - This claim involved a compensable accident date of August 8, 2019, where the employer/carrier provided benefits....more

A Judge of Compensation Claims Must Be Specific When Awarding Non-professional Attendant Care to a Family Member

Kelly Girardin v. AN Fort Myers Imports, LLC, Gallagher Bassett, DCA#: 22-1485, Decision date: May 08, 2024 - The claimant petitioned for attendant care benefits to be paid to her husband. The judge of compensation claimant...more

Reporting an Injury via a Petition for Benefits Within 30 Days of the Alleged Accident Does Not Fulfill the Notice Requirement

Robert Jorden Bressler v. Florida School Board Assn and Hartford Underwriters Ins. Co., No. 1D2022-4145, Apr. 11, 2024 - The claimant, a senior claims adjuster, worked remotely in Orlando and once a quarter went to...more

The 120-Day Rule Does Not Apply if the Employer/Carrier Only Accepted Compensability and Provided Treatment for a Temporary...

Verilyn Lunsford v. Hospital Housekeeping Systems Inc. and Corvel Corporation, OJCC# 21-028027, St. Petersburg District, JCC Moneyham, Decision Date: Nov. 30, 2023 - The claimant requested compensability, evaluation and...more

Claimant Attorney’s Appeal of Judge of Compensation Claims’ Order Denying a Statutory Fee on Settlement Overturned by First...

Michael D. Rudolph, Appellant v. Darien Smith, The Home Depot U.S.A., Inc., and Liberty Mutual Insurance Company, Appellees; 1st District Court of Appeal; No. 1D2022-1627; Decision date: Jan. 24, 2024 - This case involves a...more

Judges of Compensation Claims Have the Authority to Take a Flexible and Holistic Approach to Permanent Total Disability Claims as...

Gulf Management, Inc. and Gallagher Bassett Services, Inc. v. Talmadge Wall, DCA#: 20-2037; JCC: Massey; Decision date: Nov. 29, 2023 - The employer/carrier in this matter appealed the judge of compensation claims’ award of...more

The Employer/Carrier Was Unable to Overcome Presumption, and COVID-19 Found to Be Work-related for Firefighter, Requiring Heart...

Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden, First District Court of Appeals - DCA#: 21-3530, Decision date: Dec. 13, 2023 - The claimant, a firefighter, was hired in 1993 after passing a...more

Section 112.1816(2) Does Not Bar Entitlement to Death Benefits Under Florida’s Workers’ Compensation Statute Section 440.16.

Christy Siena v. Orange County Fire Rescue/CCMSI, 1st Dist. Court of Appeal; No. 1D2022-0958; appeal from an order of the Office of the Judges of Compensation claims, Neal P. Pitts; Decision Date: Oct. 25, 2023 - The...more

Allowing Your Manager to “Pop” Your Back at the End of a Long Shift is Not an Injury That Arose Out of Employment

East Coast Waffles, Inc. d/b/a Waffle House, and Brentwood Management Services, Inc., v. Jonathan L. Haselden, 1st Dist. Court of Appeal; No. 1D21-3745; On appeal from order of the Office of the Judges of Compensation Claims;...more

To Qualify as Compensable Under the Heart-Lung Statute, the Claimant Must Show “Disability”

Robert Friesen v. State of Florida Highway Patrol/Division of Risk Management, NO .1D21-1353 On appeal from Judge Massey, Decision date: Jun. 21, 2023 - The claimant, a law-enforcement officer, was hired in 2004 after...more

The Burden of Proof Remains! Causal Connection Must Be Proven.

Normandy Insurance Company v. Mohammed Bouayad and Value Car Rental, LLC; Case No. 1D21-1717; On appeal from an order of the Office of the Judges of Compensation Claims, Neal P. Pitts; Decision date: August 16, 2023 - The...more

13 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide