A Florida appellate court has affirmed a decision of a Judge of Compensation Claims (JCC) holding that an injured firefighter was not entitled to reimbursement for additional surgical expenses related...
Florida Court Agrees Firefighter Not Entitled to Reimbursement for Back Surgery Florida Court Agrees Firefighter Not Entitled to Reimbursement for Back SurgeryFollowing Tampa Electric Company's motion for rehearing regarding its October 20, 2020 decision, in which Florida’s Second District Court of Appeal had held that the public utility company’s obligation to...
Florida’s Second DCA Reverses Itself; Public Utility Was “Contractor” as to its Maintenance Efforts Florida’s Second DCA Reverses Itself; Public Utility Was “Contractor” as to its Maintenance EffortsWhere a Florida workers’ compensation claimant disagreed with the medical opinion of the employer/carrier’s authorized physician, sought a one-time change in physicians pursuant to § 440.13(2)(f), Fla. Stat., saw a...
Florida JCC Errs in Failing to Appoint EMA to Resolve Medical Dispute Florida JCC Errs in Failing to Appoint EMA to Resolve Medical DisputeA Florida appellate court affirmed a decision by a judge of compensation claims that found a law enforcement officer was not entitled to the special presumption of compensability related to...
Catch 22 Prevents Florida Officer From Utilizing Presumption of Compensability Catch 22 Prevents Florida Officer From Utilizing Presumption of CompensabilityIn an appeal and cross-appeal from an order granting sanctions against an insurer for failure to provide orthopedic treatment to an injured worker, a Florida appellate court held that a...
$15K “Fine” Against Florida Comp Insurer Not Supported by Evidence $15K “Fine” Against Florida Comp Insurer Not Supported by EvidenceAnalyzing one of the most contentious provisions within Florida's Workers' Compensation Act — § 440.13(2)(f), Fla. Stat. — which, under certain conditions, grants an injured worker a one-time change of...
Florida Court Asks State Supreme Court for Guidance on One-Time Change of Physician Rules Florida Court Asks State Supreme Court for Guidance on One-Time Change of Physician RulesIn a case in which the original work-related injury occurred two decades before the appellate decision, a Florida appellate court held that a JCC erred in focusing on a claimant's...
Florida Employee Awarded PTD Benefits 17 Years After Retirement Florida Employee Awarded PTD Benefits 17 Years After RetirementFlorida’s Rule 60Q-6.109 of the state’s Rules of Procedure for Workers’ Compensation Adjudications provides that if an act required or allowed to be done falls on a holiday or weekend...
Florida’s 30-Day Grace Period to Avoid Attorney’s Fees is Not Extended for Holidays and Weekends Florida’s 30-Day Grace Period to Avoid Attorney’s Fees is Not Extended for Holidays and WeekendsA Florida trial court erroneously granted a former employer summary judgment in a retaliatory discharge action filed by a former employee where the trial court based its decision on the...
Firing Injured Florida Worker Before He Could File Claim Did Not Preclude Retaliatory Discharge Action Firing Injured Florida Worker Before He Could File Claim Did Not Preclude Retaliatory Discharge ActionIn a split decision, a Florida appellate court held that an employee’s injuries sustained while bowling with co-workers during an employer-sponsored event arose out of and in the course of...
Divided Florida Court Says On-the-Clock Bowling Outing Was Not a Recreational Event Divided Florida Court Says On-the-Clock Bowling Outing Was Not a Recreational EventAcknowledging what it called “the Herculean task created by the heightened burden of proof for toxic exposure claims,” yet noting as well that it was for the Florida Legislature, not...
FL Court Laments “Herculean Task” for Claimants in Toxic Exposure Claims FL Court Laments “Herculean Task” for Claimants in Toxic Exposure ClaimsWhere an Expert Medical Advisor (EMA) clearly indicated in his report that a claimant had not reached MMI because of the claimant’s need for future surgery, it was error for...
Florida JCC May Not Ignore Clear Opinion of Expert Medical Advisor Florida JCC May Not Ignore Clear Opinion of Expert Medical Advisor