Case Law Updates
Case Law Update – June 17, 2019
ONE TIME CHANGE OF TREATING PHYSICIAN Marie LaFleur v. The Arbor Holding Company/United Wisconsin Insurance, No. 1D18-0381 (Fla 1st DCA June 12, 2019) In this case, the claimant requested a one-time change of physician pursuant to Fla. Stat. 440.13(2)(f). The claimant was seeking a change from her authorized physician who specialized in physical medicine… Read More »
Case Law Update – May 21, 2019
TIMELY NOTIFICATION OF CLAIMANT’S IME SELECTION Librada Gonzalez Izaguirre v. Beach Walk Resort/Travelers Insurance, No. 1D18-1990 (Fla 1st DCA May 16, 2019) In this case, the claimant chose her own IME physician but failed to notify the E/C of the identity of her selected physician within 15 days of the examination. Florida Statute 440.13(5)(a)… Read More »
Case Law Update – April 15, 2019
ACCIDENT DURING WORK-FROM-HOME ARRANGEMENT Sedgwick CMS v. Tammitha Valcourt-Williams, No. 1D17-96 (Fla 1st DCA April 8, 2019) In this case, the claimant was injured when she tripped over her dog while reaching for a coffee cup in her kitchen. The claimant had a work-at-home arrangement with her employer, Sedgwick, and her fall occurred during… Read More »
Case Law Update – June 4, 2018
ONE-TIME CHANGE OF TREATING PHYSICIAN Laura Myers v. Pasco County School Board, No. 1D17-5457, Fla 1st DCA (June 4, 2018) In this case, the claimant requested a one-time change from her orthopedic surgeon. In response, the employer/carrier authorized a neurosurgeon. The claimant filed a PFB alleging that the authorization failed to meet the statutory… Read More »
Case Law Update – February 22, 2017
EMA OPINIONS/CLAIMANT’S RELIANCE ON TREATING DOCTOR’S OPINION Hillsborough County School Board v. John Kubik, No. 1D16-1053, Fla 1st DCA (February 10, 2017) This appeal involves two separate but equally important issues. The first issue was whether or not an Expert Medical Advisor (EMA) may render an opinion that is admissible into evidence when the… Read More »
Case Law Update – February 2017
ONE-TIME CHANGE RetailFirst Insurance Company and Servpro v. Brenton Davis, No. 1D16-2310, Fla 1st DCA (January 23, 2017) This appeal concerns the proper interpretation of Florida Statute §440.13(2)(f) regarding a one-time change of physicians. The specific question addressed is whether or not a claimant is entitled to select a physician in a different specialty… Read More »
Case Law Update – November 21, 2016
WORKERS’ COMPENSATION DEFENSE CLIENTS Vincent Sansone v. Frank Crum/Frank Winston Crum Insurance, Inc., No. 1D15-5116, Fla 1st DCA (November 2, 2016) This appeal concerns the potential liability for claimant paid attorney’s fees by an E/C. The specific question addressed is what happens if the carrier or employer accepts responsibility for medical expenses within 30… Read More »
Case Law Update – November 15, 2016
260 WEEKS ELIGIBILITY FOR TPD BENEFITS Vincent Jones v. Food Lion, Inc., No. 1D15-3488, Fla 1st DCA (November 9, 2016) This case interpreted the Supreme Court of Florida case in Westphal v. City of St. Petersburg which clearly on its face, found the 104-week limitation on temporary total disability benefits unconstitutional and revived the… Read More »
Case Law Update – October 2016
GOING AND COMING RULE Khristine Quinn v. CP Franchising LLC, No. 1D16-0257 Fla 1st DCA (October 13, 2016) The claimant appealed a Final Merits Order issued by JCC Daniel Lewis which found that her trip and fall accident in a parking lot adjacent to her employer’s leased place of business did not arise out… Read More »
Case Law Update – September 2016
DOUBLE DAMAGES FOR MEDICARE CONDITIONAL PAYMENTS Humana Medical Plan. Inc. v. Western Heritage Insurance Company, No. 15-11436 U.S. App 11th Circuit (August 8, 2016) In a very significant case from the United States Court of Appeals for the 11th Circuit for the Southern District of Florida, the court upheld the trial court’s decision to… Read More »
