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Industry Insights

Florida Case Law Update

  • State: Florida
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NEW! Coleman v. American Airlines, 1D14-2232, (04/22/2015): The 1st District Court of Appeal ruled that a worker who lost her comp claim was liable for her employer's reasonable defense costs, but not for the extra deposition transcript costs.

NEW! Limith v. Lenox on the Lake, 1D14-3761, (04/17/2015): The 1st District Court of Appeal ruled that the permissive language of Florida Statutes Section 440.25(4)(i) – which says a judge "may" dismiss a claim for failure to prosecute after 12 months of inactivity – imposes an obligatory duty on the judge to dismiss if there is no "good cause" for the claim to sit idle.

NEW! Ciceron v. Sunbelt Rentals, 4D13-3216, (04/15/2015): The company that rented scissor lifts to two subcontractors on a construction project was not entitled to "horizontal immunity" from civil liability after the employee of another subcontractor allegedly was hurt because of its conduct, the 4th District Court of Appeal ruled.

NEW! Urguelles v. El Oasis Cafe, 1D14-5333, (04/15/2015): The Florida 1st District Court of Appeal ruled that a claimant's attorney wasn't limited to a fee of 10% of his client's recovery just because the client had already received over $10,000 in benefits.

NEW! Cuenca v. Nova Southern University, 1D14-3393, (04/09/2015): A Florida appellate court ruled that a judge of compensation claims erred in denying approval of the stipulated awards of attorney fees to an injured dental assistant on her claims for medical treatment.

NEW! Box v. Tallahassee Fire Department, 1D14-4591, (03/31/2015): The 1st District Court of Appeal revived an injured worker's challenge to the amount of his impairment income benefits.

NEW! Stahl v. Hialeah Hospital, 1D14-3077, (03/25/2015): The Florida 1st District Court of Appeals rejected a constitutional challenge to the idea that the workers' compensation system is not an adequate replacement remedy for a civil cause of action.

Perez v. Southeastern Freight Lines, 1D14-3821, (03/20/2015): A Florida appellate court overturned a judge's decision to deny temporary total disability to a worker whose employer had stipulated to the compensability of his injury, finding the judge had applied the wrong standard of proof to the worker's claim.

Echevarria v. Luxor Investments, 1D14-3540, (03/18/2014): The 1st District Court of Appeal ruled that a worker's receipt of permanent impairment rating does not entitle him to ongoing palliative treatment, unless he can show that the treatment is medically necessary for his compensable injury.

Cortes-Martinez v. Palmetto Vegetable Co., 1D14-1825, (03/10/2015): Florida's statutory cap on attorney fees does not limit an attorney to collecting only 10% of the benefits secured for the life of a claim after the $10,000 threshold is reached, the 1st District Court of Appeal ruled.

Gonzalez v. AMC, 1D14-5493,(03/12/2015): The 1st District Court of Appeal denied a worker's request that it overturn a judge's order for her to submit to a physical examination by an expert medical advisor.

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