Case Law Updates
Case Law Update – April 2016
HOURLY ATTORNEY’S FEES ARE BACK Marvin Castellanos v. Next Door Co./Amerisure, No. SC13-2082 Florida Supreme Court (April 28, 2016) In an extremely important case that involves far reaching implications, today the Florida Supreme Court ruled on Castellanos v. Next Door Company/Amerisure. The State’s highest Court struck down the statutory fee cap as unconstitutional and… Read More »
Case Law Update – February 2016
Workers’ Compensation Defense Clients Gary Steinberg v. City of Tallahassee, Fla 1st DCA Case No. 1D15-1794 (February 23, 2016) In this case, the claimant appealed an order of JCC Laura Roesch which denied his claim for additional impairment benefits (IB’s) which was based upon the JCC’s acceptance of one doctor’s opinion over another doctor’s… Read More »
Case Law Update – August 2015
Limits On Discovery Edwin Vazquez v Carlos Romero, Fla 1st DCA Case No. 1D15-0623 (August 19, 2015) In this case, the claimant initially filed Petitions for Benefits (PFB’s) against three different alleged employers and their carriers. Subsequent to the filing of the PFB’s, the claimant’s attorney voluntarily dismissed all of the Petitions without prejudice,… Read More »
Case Law Update – July 2015
Exception To One-Time Change 5-Day Rule Victor Gonzalez v. Quincy Electrical, Inc., Fla 1st DCA Case No. 1D14-5395 (July 15, 2015) In this case, the claimant’s attorney, Roland Tan, Jr., made a written request for a one-time change of physician which was “buried within” a Notice of Appearance that was two pages in length…. Read More »
Case Law Update – June 2015
Fraud Defense Tony Joe Leggett v. Barnett Marine Inc., 1D14–4432 First DCA (June 4, 2015) This case involves a marine dock builder who injured his back on May 9, 2013 while moving a piling. The E/C accepted compensability of the accident and injuries, authorized medical treatment, and began paying TTD benefits. Subsequently, the E/C… Read More »
Case Law Update – May 2015
IMPORTANT DEADLINES TO RESPOND TO REQUESTS FOR MEDICAL TREATMENT Terry Pearson v. BH Transfer, Fla 1st DCA Case No. 1D14-4560 (May 27, 2015) In this case, the claimant filed a Petition for Benefits on July 5, 2013 seeking authorization of spinal fusion surgery recommended by his authorized treating physician, and attached the doctor’s note… Read More »
Case Law Update – December/January
Insurance Geico General Insurance Company v. Hollingsworth, et al, 40 FLW D308, 5th DCA, opinion filed January 30, 2015. Automobile Liability – Coverage – Attorney’s fees – Under “Additional Payments” provisions of policy, which provided that insurer would pay all court costs charged to an insured in a covered lawsuit, insurer was obligated to… Read More »
Case Law Update – August/September
WORKERS’ COMPENSATION Hamm v. PMI Employee Leasing, et al, 39 FLW D722, 1st DCA, April 7, 2014. Jurisdiction – Death benefits – Where no Petition For Benefits or other claim for death benefits had been filed, Judge of Compensation Claims did not have jurisdiction to address employer/ carrier’s motion seeking to determine beneficiaries of… Read More »
Case Law Update – June 2014
Workers’ Compensation Lord v. Santa Rosa Correctional Institute/The Division of Risk Management, 39 FLW D870, 1st DCA, opinion filed April 24, 2014. Attorney’s fees – Where claimant’s authorized primary care provider discontinued seeing workers’ compensation patients, claimant requested authorization of a new PCP, parties mediated claim, with employer/carrier agreeing to authorize a new PCP… Read More »
Case Law Update – May 2013
ADJUSTER DEPOSITIONS CVS Caremark Corporation v. Kristen Latour, Fla 1st DCA Case No. 1D12-4972 (March 28, 2013) The claimant, Ms. Latour, was injured while working for the employer in Palm Coast, Flagler County, Florida. Thus, the correct venue for this claim was the Daytona Beach District of the Office of Judges of Compensation Claims…. Read More »
