In a split decision, the Supreme Court of Florida reversed a decision by the state’s Second District Court of Appeal and held that where a plaintiff tenders a written offer...
Florida Supreme Court Settles Conflict Between Districts Regarding “Offer of Judgment” Rules Florida Supreme Court Settles Conflict Between Districts Regarding “Offer of Judgment” RulesFlorida’s special firefighter statute, § 112.1816, Fla. Stat., which provides previously unavailable benefits—a one-time payment of $25,000, and full coverage of the firefighter’s cancer treatment—to firefighters who meet certain criteria...
Florida’s Special Firefighter Cancer Statute Cannot Be Applied Retroactively Florida’s Special Firefighter Cancer Statute Cannot Be Applied RetroactivelyBecause a condominium association had a contractual obligation to provide valet services to the condominium owners pursuant to the terms of the declaration of condominium, the association was the statutory...
FL Condo Association Was Statutory Employer of Valet Service Employee and Immune from Tort Liability FL Condo Association Was Statutory Employer of Valet Service Employee and Immune from Tort LiabilityA Florida appellate court affirmed the denial of death benefits to a mother whose 16-year-old son was killed in a tragic drowning accident on the first day of his part-time...
No Recovery for FL Mother Whose 16-Year-Old Son Died on First Day of Work No Recovery for FL Mother Whose 16-Year-Old Son Died on First Day of WorkA Florida appellate court held that a judge of compensation claims committed error when he determined that a construction worker who sustained severe injuries in a vehicular accident as he...
Florida Court Stresses There is No “Field Employee” Exception to Statutory Going and Coming Rule Florida Court Stresses There is No “Field Employee” Exception to Statutory Going and Coming RuleReversing a decision by a state judge of compensation claims (JCC) that had awarded workers’ compensation benefits to a Florida HVAC technician who sustained injuries in a vehicular accident as...
Under FL Statute, “Traveling Employee” is Not in “Travel Status” While Driving Home from Work Under FL Statute, “Traveling Employee” is Not in “Travel Status” While Driving Home from WorkA Florida appellate court held that a state JCC had erred when the JCC denied compensability of a claim in which an employee suffered an unexplained fall as she walked...
Florida Court Re-examines Valcourt-Williams “Increased Risk” Analysis Florida Court Re-examines Valcourt-Williams “Increased Risk” AnalysisA Florida appellate court affirmed a state JCC’s denial of a claim filed by a teacher who sustained a broken left femur when he lost his balance and fell after...
Florida Teacher’s Fall After His Leg Went to Sleep is Not Compensable Florida Teacher’s Fall After His Leg Went to Sleep is Not CompensableYesterday, a Florida appellate court held the state’s Workers’ Compensation Code (Code) does not authorize a Judge of Compensation Claims (JCC) to strike a physician authorized by the Employer/Carrier (E/C)...
Florida JCC May Not Strike Authorized Physician Because of Fee Dispute Florida JCC May Not Strike Authorized Physician Because of Fee Dispute