Call or email us anytime
(805) 484-0333
Search Guide
Today is Friday, April 26, 2024 -

Industry Insights

Important Recent Case Law for Florida

  • State: Florida
  • -  0 shares
NEW! Flagler Hospital v. Association Insurance Co., 1D13-1229, (03/12/2014): A hospital that provided treatment to an injured worker could not demand payment for its bills from the Workers' Compensation Division of the Department for Financial Services until the compensability of the worker's claim was established, the 1st District Court of Appeal ruled. 

NEW! Johns Eastern Co. v. Bellamy, 1D13-3613, (03/12/2014): The 1st District Court of Appeal reversed a judge's finding that an injured firefighter was entitled to benefits because it was unclear whether the judge had applied the appropriate standard of proof for the employer to rebut the statutory presumption of industrial causation for the firefighter's injuries. 

White v. State of Florida, 1D13-2631, (03/04/2014): The 1st District Court of Appeal ruled that a worker was not entitled to impairment benefits under Florida Statutes Section 440.15(3)(a) for a noncompensable injury because her employer had initially treated her claim as compensable under Section 440.20(4).

Luces v. Red Ventures, 1D13-1001, (02/28/2014): The 1st District Court of Appeal said a judge of compensation claims exceeded his authority by changing a settlement agreement submitted by the parties to redirect the money that the parties had designated as the fee for the claimant's attorney to the claimant herself.

Franklin v. Riviera Beach Fire Rescue, 1D13-2765, (02/26/2014): A judge of compensation claims erred by denying a firefighter's request for an upgraded hearing aid on the basis that he had not established the medical necessity for an upgrade where the comp carrier had conceded that an upgrade was needed.

Gadol v. Masoret Yehudit, 1D13-2567, (02/21/2014): The Florida 1st District Court of Appeal ruled that a worker's right to select a doctor if her employer's carrier does not timely respond to her request for a one-time change in physician is not lost if she does not name her doctor of choice before the carrier assigns her a new doctor.

Department of Agriculture and Consumer Services v. Anderson, 1D13-3429, (02/13/2014): A judge of compensation claims cannot reserve jurisdiction over benefit issues that were not identified in a petition for benefits, the Florida 1st District Court of Appeal ruled.

Hornfischer v. Manatee County Sheriff's Office, 2D13-374, (02/12/2014): The Florida 2nd District Court of Appeal revived an injured municipal employee's claims for retaliatory discharge, saying his case was not amenable to disposition by summary judgment. 

Pomerantz v. Palm Beach County Sheriff's Office and Usis, 1D13-2950, (02/07/2014): The statute of limitations for filing a workers' compensation claim began to run on the date that the claimant was furnished a prescription for medication by his authorized physician, not on the date that the prescription ran out, the Florida 1st District Court of Appeal ruled.

Andino-Rivera v. Southeast Atlantic Beverage Co., 1D13-0598, (01/024/2014): The Florida 1st District Court of Appeal overturned a judge's denial of temporary partial disability benefits and pain-management services to a worker with an admittedly compensable back injury and hernia.

 

No Comments

Log in to post a comment

Close


Do not post libelous remarks. You are solely responsible for the postings you input. By posting here you agree to hold harmless and indemnify WorkCompCentral for any damages and actions your post may cause.

Advertisements

Upcoming Events

  • May 5-8, 2024

    Risk World

    Amplify Your Impact There’s no limit to what you can achieve when you join the global risk managem …

  • May 13-15, 2024

    NCCI's Annual Insights Symposi

    Join us May 13–15, 2024, for NCCI's Annual Insights Symposium (AIS) 2024, the industry’s premier e …

  • May 13-14, 2024

    CSIA Announces the 2024 Annual

    The Board of Managers is excited to announce that the CSIA 2024 Annual Meeting and Educational Con …

Workers' Compensation Events

Social Media Links


WorkCompCentral
c/o Business Insurance Holdings, Inc.
PO Box 1010
Greenwich, CT 06836
(805) 484-0333