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Mental Conditions Compensable Without Injury Causation

07/27/2010
leading to depression. In the July 23 decision McKenzie v. Mental Health Care Inc. the 1st DCA held that mental injuries can be compensable when they arise from an accident that also causes physical injuries. The court ruled Barbara McKenzie failed to prove before a judge of compensation claims JCC

Category: News

1st DCA Clarifies Mental Injuries Statute for Parties

07/26/2010
examples of the statute's four key provisions. The 1st District Court of Appeal which handles the vast majority of Florida's workers' compensation appellate court cases ruled in McKenzie v. Mental Health Care et al. that the judge of compensation claims made the correct legal decision. However the

Category: News

1st DCA Mandates Electronic Filing for Attorneys

08/10/2010
picked up the opinion one second later. In the July 23 ruling in McKenzie v. Mental Health Care the 1st DCA held that mental injuries can be compensable when they arise from an accident that also causes physical injuries. Previously rulings had limited awards for mental trauma to cases in which

Category: News

McKenzie v . Mental Health Care

12/17/2020
BARBARA McKENZIE Appellant v. MENTAL HEALTH CARE INC. SUMMIT CLAIMS CENTER Appellees. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D09-3922 Opinion filed July 23

Category: Cases

RealinGerry

01/01/2018
terms delineate when indemnity benefits are allowed if a physical injury also is present. 22. The term accompanying used in 440.0931 Fla. Stat. is not defined within Chapter 440. However it was construed in McKenzie v. Mental Health Care Inc. to mean at the same time as. McKenzie

Category: Panel

Important Recent Florida Case Law

07/23/2010
NEW McKenzie v. Mental Health Care 1D09-3922 07232010 A claimant and a defendant misunderstood a portion of the Florida Statutes addressing ' mental and nervous' injuries causing the 1st District Court of Appeal to reverse and remand in an opinion that clarified the statute.

Category: Industry Insights

PeartCharmaineG

12/01/2015
when these injuries are either compensable or when they affect compensability. See McKenzie v. Mental Health Care Inc. 43 So. 3d 767 769 Fla. 1st DCA 2010. Section 440.0931 contains three sentences with each sentence addressing different situations when mental or nervous injuries may arise

Category: Panel

Verizon Business Network Services, Inc. v . McKenzie

12/18/2020
VERIZON BUSINESS NETWORK SERVICES INC. v. McKENZIE VERIZON BUSINESS NETWORK SERVICES INC. fka MCI WORLDCOM NETWORK SERVICES INC. dba MCI TELECOMMUNICATIONS CORPORATION Petitioner-AppellantCross-Appellee v. MELINDA McKENZIE Respondent-AppelleeCross-Appellant. No. 2-394 11

Category: Cases

Court Revives Pharmacist's PTSD Claim from Armed Robbery

04/24/2014
440.093 at length four years ago in a case called McKenzie v. Mental Health Care. In the McKenzie case the court said that Section 440.0931 involves a different inquiry than Section 440.0932 requiring a worker to establish a physical injury that required medical treatment as opposed to

Category: News

BashiriAmin

09/01/2017
manifestation of a physical injury otherwise compensable under Chapter 440. A "manifestation" is a disease or infection that "naturally or unavoidably" results from an initial compensable workplace injury. See McKenzie v. Mental Health Care Inc. 43 So. 3d 767 770 Fla. lst DCA 2010 citing Fla. Stat

Category: Panel

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