Noting that with its 2013 amendment to § 90.702, Fla. Stat., the Florida legislature had clearly jettisoned both “the Frye test” and the “pure opinion” rule [Flannagan v. State, 625...
After Florida’s Adoption of Daubert Rule, Physician’s Opinion as to Cause of Employee’s Placental Abruption Was Inadmissible After Florida’s Adoption of Daubert Rule, Physician’s Opinion as to Cause of Employee’s Placental Abruption Was InadmissibleReluctantly affirming a decision by a Judge of Compensation Claims that had awarded claimant’s counsel an attorney’s fee of only $164.54 for 107.2 hours of legal work reasonably necessary to...
Florida: First DCA Certifies Constitutional Question After Affirming $165 Fee for 107 Hours of Work Florida: First DCA Certifies Constitutional Question After Affirming $165 Fee for 107 Hours of WorkIn a workers’ compensation immunity case, the Court of Appeal of Florida (Fourth District) yesterday reversed a $2.7 million jury verdict and final judgment in favor of an employee who...
Florida: Court Reverses Injured Worker’s $2.7 Million Verdict Against Employer: Injury Was Not “Virtually Certain” Florida: Court Reverses Injured Worker’s $2.7 Million Verdict Against Employer: Injury Was Not “Virtually Certain”A truck driver, who sustained injuries in an automobile accident as he traveled to lunch on the second day of a two-day orientation program was an employee of the trucking...
Florida: Truck Driver Is Employed During Two-Day “Orientation” and is Entitled To Workers’ Compensation Benefits Florida: Truck Driver Is Employed During Two-Day “Orientation” and is Entitled To Workers’ Compensation BenefitsConstruing Florida’s “Firefighter’s Presumption” [see § 112.18(1), Fla. Stat.], in Walters v. State, 2012 Fla. App. LEXIS 17887 (1st Dist., Oct. 16, 2012), a state appellate court recently reversed a...
Florida: “Firefighter’s Presumption” Aids Corrections Officer’s Heart Disease Claim Related to Unknown Virus Infection Florida: “Firefighter’s Presumption” Aids Corrections Officer’s Heart Disease Claim Related to Unknown Virus InfectionIn August 2007, the Supreme Court of Florida ordered the empanelment of a statewide grand jury to investigate various criminal offenses, including activities related to check cashers. In 2008, the...
The Fight Against Workers’ Compensation Fraud Takes Many Forms–Florida Goes After Unscrupulous Check Cashing Firms The Fight Against Workers’ Compensation Fraud Takes Many Forms–Florida Goes After Unscrupulous Check Cashing Firms