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Resources
Vargas-Cabrera v. Standard Pacific of Florida G.P., Inc. dba CalAtlantic Homes (Lennar) / Broadspire (E/C #2)
JCC Dietz (Sebastian) (Derrick Cox for E/C #2) (7-15-2020) – In a bifurcated trial to determine employer/employee relationship, the JCC determined the claimant was an employee of E/C #1, of three prospective employers. The JCC accepted the testimony of the foreman and sole witness for E/C #1 that the claimant was hired and in the course and scope of employment when he fell off a ladder, sustaining serious injuries. Further, the JCC found initial payment of prescriptions, as well as... View More
Case Law Update July 2020
Florida Supreme Court Florida Workers’ Compensation Joint Underwriting Association, Inc. v. American Residuals and Talent, Inc., (Fla. 7/6/2020) The Florida Supreme Court declined to grant certiorari review of the 1st DCA’s 2019 decision. That case held that American Residuals & Talent was an employer under the “similar agent” provision of 440.02(16)(a), Fla. Stat., which states an employer as “every person carrying on any employment … [and] includes employment agencies, employee leasing companies, and similar agents who provide employees to other... View More
Ossa v. Colour Republic, LLC and AmTrust North America of Florida
JCC Medina-Shore (Miami)(Evan Heffner)(6-23-2020)– Awarded E/C prevailing party costs. The JCC dismissed Claimant’s PFBs following a final hearing, and the E/C sought to recover taxable costs as the prevailing party. The Claimant argued that E/C’s motion to tax costs was untimely. However, the JCC found no applicable statutory time limit for seeking taxable costs. Click here to review order View More