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Case Law Update December 2021
Case Law Updates
Updated 1-3-21 Ranger Construction/Travelers v. Brand, (Fla. 1st DCA 12/1/2021)Final Orders/Competent, Substantial Evidence The DCA made short work of the E/C appeal alleging the JCC erred in finding a compensable injury occurred. Noting “formidable evidence” of an injury by accident, the appellant pointed only to inconsistencies in that proof. The DCA noted that numerous decisions provide the standard of review in WC cases of “the existence of competent, substantial evidence supporting the decision.” Citing contradictory record evidence is simply insufficient.  The... View More
Case Law Update November 2021
Case Law Updates
Updated 11-15-21 Hospitals East LLC d/b/a Kindred Hospital – N. FL/Sedgwick v. Hampton, ___ So.3d ____ (Fla.1st DCA 2021)Statute of Limitations/Reservation of Fees/Tolling The DCA reversed the JCC’s holding that a prior Order’s reservation of jurisdiction on amount of fees and costs tolled the SOL.  Claimant’s 2013 PFB sought indemnity arising out of her 2011 WC accident. The JCC awarded indemnity in a 2015 Order which awarded entitlement to fees and costs but reserved as to amount. The DCA issued... View More
Case Law Update October 2021
Case Law Updates
Updated 10-8-21 Cabrera v. Kablelink Communications LLC/Sedgwick, ___ So.3d___ (Fla. 1st DCA 10/6/21)Independent Contractor/Construction Industry The DCA affirmed the JCC’s finding that a residential cable installer was not an employee, but an “independent contractor” and not entitled to benefits.  After a serious fall, the claimant sought WC benefits from Kablelink, who denied on the basis of their prior agreement stating he was an independent contractor. The claimant alleged even with that agreement, he was entitled to benefits as an independent... View More
Case Law Update September 2021
Case Law Updates
Updated 9-30-21 Harman v. Merchant Transport/CCMSI,  (Fla. 1st DCA 9/15/21)One-Time Change/Reasonable Distance/Right to Choose The DCA affirmed the JCC’s decision to provide an alternate physician to claimant and to preserve the E/C’s right of selection under Fla. Stat. 440.13(2)(f). The claimant requested a one-time change in allergists from Dr. Koutsonikolis to Dr. Tuer. The E/C attempted to schedule an appointment with Dr. Tuer before learning the office no longer accepted “worker’s compensation” and subsequently scheduled an appointment with Dr. Mark,... View More
Put it in Practice: Monthly Tips for Florida WC Professionals
Case Law Updates
(9-15-21) Florida’s 2019 Valcourt-Williams decision established a clear test for determining whether an injury arises from the claimant’s employment. Since then, claimants have prevailed in 65 percent of cases citing this blockbuster en banc decision. HOW DOES VALCOURT-WILLIAMS IMPACT YOUR FILES? A Valcourt-Williams denial is most likely to prevail where there is clearly a personal, non-work-related cause for an injury that occurs at work.  There is substantial support for a Valcourt-Williams denial when the claimant is injured while merely walking... View More
Case Law Update August 2021
Case Law Updates
Updated 8-27-21 Estate of McKenzie v. Hi Rise Crane/Bridgefield Employers Ins. Co.,So.3d__(Fla. 1st DCA 8/19/21) Dismissal of Claims/Relation Back The DCA reversed and remanded the JCC’s dismissal of a PFB filed by the deceased claimant’s sister. The claimant’s accident occurred on 1/26/18 and he passed away in August of that year. The claimant’s attorney filed two PFBs for that date of accident and dismissed the PFBs shortly before his death. On 1/24/20, the same attorney filed a PFB on behalf... View More