Tag Archives: Florida

Florida Talent Payroll Services Firm is “Similar Agent” Under “Employer” Statute

While Not an “Employee Leasing Company,” It Qualified as “Employer” A Florida appellate court held that a talent payroll services firm, while not an “employee leasing company,” was nevertheless an “employer” under Florida law, since it was a “similar agent” … Continue reading

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Florida’s 6-Month Limitation on Temporary “Physical-Mental” Benefits is Constitutional

A Florida appellate court has upheld the constitutionality of a provision within the state’s Workers’ Compensation Act [§ 440.093(3), Fla. Stat.] that cuts off temporary benefits for psychiatric injuries six months after a claimant reaches (physical) maximum medical improvement [Kneer … Continue reading

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No Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her Dog

Deeply Divided Florida Court Says Risk of Tripping Did Not Arise Out of Employment Emphasizing that eligibility for workers’ compensation benefits turns on whether the employment led to the risk of injury, i.e., whether there was a sufficient causal connection … Continue reading

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Florida Comp Act’s Drug-Free Workplace Program Statute Provides no Private Right of Action

Unsuccessful Job Applicant Sought to Utilize Statute After Passing Drug Test, But Not Getting Job § 440.102, Fla. Stat., which establishes a drug-free workplace program as part of Florida’s overall worker’s compensation scheme, does not provide a private right of … Continue reading

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Florida Court: No Coverage Where Policy Procured After Worker’s Injury Took Place

Agent Scurries to Get Coverage After Workplace Accident Where, following a workplace accident causing injury to an employee, the uninsured employer called its insurance broker regarding the expected workers’ compensation claim and the broker scrambled to obtain a policy from … Continue reading

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Commentary: How Equitable is Florida’s New PTSD Coverage?

What Does Florida Have Against Teachers and Bartenders? As I posted Monday [click here to view that post], a bill to extend relatively broad PTSD coverage to Florida’s first responders was passed unanimously by both state houses earlier in March. … Continue reading

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Florida Legislature Approves PTSD Coverage for First Responders

Earlier this month, the Florida Senate and House both unanimously passed Senate Bill 376, so as generally to allow workers’ compensation benefits for first responders who suffer PTSD as a result of their work. The coverage protection, which treats PTSD … Continue reading

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Exempt Florida Corporate Officer of Subcontractor Barred From Suing General Contractor

An officer of a Florida corporation, who elected to be exempt from workers’ compensation coverage [see § 440.02(15)(b)(1), Fla. Stat. (2008)], and whose “employing” corporation was a subcontractor on a construction project, may not sue the general contractor and other … Continue reading

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Florida: Abnormal Pre-Employment BP Reading Does Not Mean Loss of Presumption of Compensability

“White Coat” Syndrome Could Explain Isolated Reading As do a number of states, Florida provides a specialized presumption of compensability favoring certain law enforcement officers [see § 112.18(1), Fla. Stat.]. To take advantage of the presumption, a Florida claimant must … Continue reading

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Florida MDs Have No Duty to “Cross-Examine” Workers’ Comp Claimant Regarding Known Misrepresentations

A Florida appellate court held that misrepresentations regarding a claimant’s medical history can disqualify the claimant from receiving benefits even if there is no direct link between the allegedly false or misleading statements and the particular injury for which benefits … Continue reading

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