Daytona Beach Personal Injury Lawyers
Free Consultations 386.258.1622

Blog Posts in Workers Compensation

All Posts
  • Florida First DCA upholds constitutionality of worker’s compensation law limiting period in which temporary total disability benefits can be claimed
    Florida First DCA upholds constitutionality of worker’s compensation law limiting period in which temporary total disability benefits can be claimed

    On November 10, 2021, in Doss v. United Parcel; Services/Liberty Mutual, No. 1D20-2008, the Florida First DCA affirmed a Judge of Compensation Claims (JCC) order denying a worker’s compensation claim for temporary total disability (TTD) benefits...

    Read More
  • Florida First DCA rules that JCC’s reservation of determination of amount of attorney’s fees and costs payable to worker’s compensation claimant did not toll statute of limitations for filing claim for new benefits

    On November 10, 2021, in Hospital East, LLC v. Hampton, No. 1D20-2961, the Florida First DCA reversed a Judge of Compensation Claims (JCC) order rejecting an employer/carrier’s statute of limitations defense. The First DCA concluded that the JCC’s...

    Read More
  • Florida First DCA rules that judge erred in worker’s compensation caseby not appointing a successor expert medical advisor (EMA) after striking the appointed EMA’s opinions

    On October 6, 2021, in Shelton v. Pasco County Board of County Commissioners/Commercial Risk Management, Inc., No. 1D20-3511, the Florida First DCA ruled in a Worker’s Compensation case that the Judge of Compensation Claims (JCC)...

    Read More
  • Florida First DCA rules in worker’s compensation case that employer retained right to choose alternate physician even though JCC ruled that employer’s initial choice of alternate physician was located too far from employee’s residence

    On September 15, 2021, in Harman v. Merchant Transport, CCMSI, No. 1D19-4071, the Florida First DCA affirmed a Judge of Compensation Claims (JCC) order which required an employer/carrier to provide a worker’s compensation claimant with...

    Read More
  • Florida First DCA affirms disallowance of workers compensation benefits to police officer suffering from primary hypertension, finding disqualification based on pre-employment history of resolved secondary hypertension

    On September 15, 2021, in Holcombe v. City of Naples/Johns Eastern Company, Inc., No. 1D20-565, the Florida First DCA affirmed a Judge of Compensation Claims (JCC) order denying compensability for primary hypertension to a...

    Read More
  • Florida First DCA rules that petition for worker’s compensation benefits filed by a deceased worker’s personal representative related back to date of worker’s original petition

    On August 19, 2021, in Estate of Ronald McKenzie v. HI Rise Crane Inc. et al, No. 1D20-3307, the Florida First DCA ruled that the personal representative of the estate of an injured workerwas entitled to have her petition for benefits (PFB) filed on the decedent’s...

    Read More
  • Florida First DCA rules in Worker’s Compensation case that Employer/Servicing Agent forfeited right to select one-time change physician under Fla. Stat. § 440.13(2)(f)due to delay in following up with new doctor after initial selection

    On June 16, 2021, in St. Lucie Public Schools/Relation Insurance Services of Florida v. Alexander, No. 1D20-2266, the Florida First DCA affirmed a Judge of Compensation Claims (JCC) ruling that a Worker’s Compensation...

    Read More
  • Florida First DCA rules that worker’s compensation recipient was not entitled to reimbursement for cost of evaluation for medical marijuana prescription

    On June 30, 2021, in Jones v. Grace Healthcare, No. 1D19-1684, the Florida First DCA ruled that a worker’s compensation claimant was not entitled to reimbursement under Florida’s worker’s compensation laws...

    Read More
  • Florida Second DCA rules that electric company could not claim workers compensation immunity from liability for injuries to employees of company working under maintenance contract at electric plant

    On October 16, 2020, in Tampa Electric Company v. Gansner, et al., No. 2D19-3091, the Florida Second DCA affirmed a trial court ruling denying summary judgment to the defendant...

    Read More
  • Florida First DCA rules that defendants in personal injury lawsuit were not estopped from claiming workers’ compensation immunity despite taking position in workers’ compensation proceeding that plaintiff’s claim was not covered by workers’ compensation

    On January 22, 2020, in McNair v. Dorsey, et al, No. 1D18-698, the Florida First DCA ruled that the defendants in personal injury lawsuit were not estopped ...

    Read More
  • Florida First DCA rules that subcontractor's corporate officer who elected exemption from Workers' Compensation Law was not entitled to bring tort claim general contractor

    On November 15, 2017, in Gladden v. Fisher Thomas Inc., No. 1D16-1752, the Florida First DCA affirmed a trial court’s summary judgment for the defendant in a tort case...

    Read More
  • Florida Fourth DCA affirms summary judgment for defendant company on the basis that work injury to "borrowed employee" was subject to Worker's Compensation immunity

    On May 17, 2017, in Morera v. Waste Management Inc. of Florida , No. 4D14-3135, the Florida Fourth DCA affirmed the trial court’s summary judgment in favor of the defendant in a personal injury ...

    Read More