NEW! Hawkins v. Publix Super Markets, 1D14-5420, (11/12/2015): Florida's 1st District Court of Appeal reversed a judge's order suspending a worker's temporary partial disability benefits, saying the judge hadn't made sufficient findings to support the conclusion that the worker had voluntarily limited his income by refusing an offer of suitable employment.
NEW! Boley Centers v. Vines, 1D14-5869, (11/16/2015): Florida's 1st District Court of Appeal ruled that a worker's two psychiatric hospitalizations were compensable forms of emergency care, but it said the judge of compensation claims lacked jurisdiction to order the worker's employer to pay the bills associated with this treatment.
NEW! Vasquez v. Romero, 1D15-0623, (11/09/2015): The 1st District Court of Appeal is standing by its prior ruling that a judge of compensation claims lost jurisdiction over a comp claim once the claimant dismissed his petition for benefits, but it said its ruling is limited to the specific facts of this case.
NEW! Frankel v. The Loxahatchee Club, 1D15-1289, (11/05/2015): Florida's 1st District Court of Appeal ruled that an employer was entitled to apportion part of a worker's need for shoulder surgery to his preexisting rotator cuff injury, but it failed to establish its entitlement to apportion to the worker's preexisting arthritis.
Redaei v. Pharmerica, Specialty Risk Services, 1D15-1582, (10/22/2015): A judge of compensation claims abused her discretion by reducing the amount of a claimant attorney's request for fees and costs after the insurer's attorney filed a response to the request more than three months late, the Florida 1st District Court of Appeal ruled.
Joerg Jr. et al. v. State Farm Mutual Automobile Insurance Co., SC13-1768, (10/15/2015): A divided Florida Supreme Court ruled that future benefits a civil litigant may qualify to receive from the Centers for Medicare and Medicaid Services or the workers' compensation system do not qualify as a "collateral source" for purposes of reducing the litigant's recovery of damages.
Zavala v. Economic Development Commission of Mid-Florida, 1D14-4617, (10/15/2015): The 1st District Court of Appeal ducked a worker's constitutional challenge to Florida Statutes Section 445.009(11), saying it lacked jurisdiction to hear her arguments before her entitlement to benefits had been finally adjudicated.
Babahmetovic v. Scan Design Florida/Zenith Insurance Co., 1D14-2986, (10/08/2015): An injured worker had a right to change his authorized treating physician even though his employer had denied his claim based on a preexisting condition, the Florida 1st District Court of Appeals ruled, reversing the judge of compensation claims.
Fernandez v. Florida A&G Co., No. 3D14-129, (10/07/2015): A divided Florida appellate court ruled that a worker whose hand was severed by a metal-cutting saw could not proceed with his intentional tort claims against his employer and special employer as a matter of law.
Matheny v. Indian River Fire Rescue, 1D15-2719, (10/02/2015): Florida's 1st District Court of Appeals ruled that the 30-day deadline for a party to petition review of a ruling by a judge of compensation claims is not extended by Florida Rule of Judicial Administration 2.514(b).
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