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State: Fla.
Florida Case Law Update: [2015-01-21]
 

NEW! Hector v. State of Florida, 14-763, (01/16/2015): Florida's Supreme Court denied review of a long-pending case on whether workers who used false Social Security numbers to gain employment could be prosecuted for workers' compensation fraud, even if they haven't filed claims for benefits.

NEW! AMS Staff Leasing v. Taylor, 4D14-1387, (01/07/2015): A Florida appellate court ruled that a Texas employer could compel arbitration of its former employee's claim that he had been fired in retaliation for filing a petition for workers' compensation benefits.

NEW! Amerisure Mutual Insurance Co. v. Florida Department of Financial Services, 1D14-0873, (01/02/2015): The 1st District Court of Appeal ruled that a comp carrier was not entitled to credits against its future statutory assessment obligations to the Special Disability Trust Fund and Workers’ Compensation Administration Trust Fund based on its reported negative net premium for the calendar year.

NEW! Phillips v. Republic Financial Corp., 5D13-3170 and 5D 13-3174, (01/02/2015): The 5th District Court of Appeal ruled that the owner of a warehouse was not entitled to summary judgment dismissing a lawsuit by the family of a worker who was injured falling through a painted-over skylight at the property.

NEW! City of Miami Beach v. Marten, 1D14-3109, (12/30/2014): The 1st District Court of Appeal ruled that an injured worker was not entitled to penalties and interest on his award of impairment income benefits because his benefits were timely paid.

NEW! City of Fort Pierce v. Spence, 1D14-937, (12/30/2014): The 1st District Court of Appeal issued a second decision in less than a month saying a precedent on the major contributing cause analysis from Bysczynski v. United Parcel Services is being misapplied.

NEW! Clark v. R&L Carriers, 14-2886, (12/23/2014): A Florida appellate court ruled that a truck driver who had concealed his prior injuries and comp claim in Ohio from his new employer and authorized treating doctors was barred from receiving benefits for his later accidents.

NEW! O'Connor v. North Okaloosa Medical Center, 1D14-0623, (12/12/2014): The 1st District Court of Appeal ruled that the doctrine of res judicata did not bar an injured worker, who had unsuccessfully applied for permanent total disability benefits, from seeking temporary total disability benefits covering the same period of disability.

NEW! Jackson v. Columbia Pictures, 1D14-3018 and 1D14-3019, (12/16/2014): The 1st District Court of Appeal ruled that a worker with a brain injury could not be compelled to treat with a doctor authorized by his employer's insurance carrier nor to undergo an independent medical examination that evaluated anything more than the treatment issue he had placed in dispute.

NEW! Sears Outlet v. Brown, 1D14-2289. The Florida 1st District Court of Appeal has overturned an order requiring an employer to provide treatment for a worker's renal cancer so that he could get the treatment he needed for his compensable back injury.

NEW! Morales v. Zenith Insurance Co., SC13-696, (12/04/2014): The Florida Supreme Court ruled that the family of a landscaper who was crushed to death by a palm tree cannot collect the $9.525 million civil judgment it obtained against his employer, from his employer's insurance carrier.

NEW! Marvin v. University Hospital, 1D14-1686, (12/03/2014): A Florida appellate court revived a worker's claim for permanent total disability benefits in the absence of evidence that the "two-dismissal" rule should have barred it.

NEW! Osceola County School Board v. Pabellon-Nieves, 1D14-2092, (12/03/2014): Florida's 1st District Court of Appeal ruled that a worker's pre-existing neck problems were properly taken into consideration as a cause for her need for medical treatment after a workplace injury and agreed that it was not a major contributing cause of her ongoing need for care.

NEW! Giaimo v. Florida Autosport, 1D14-0077, (11/26/2014): A Florida appellate court overturned a judge of compensation claims' finding that an employer was entitled to apportion its liability for a worker's permanent total disability between an industrial and nonindustrial accident since the judge had erroneously relied on unqualified medical testimony as to the appropriate division of liability.