Claimants frequently experience more than one workplace accident throughout the course of their career. Typically, an old injury with an ex-employer will …
Category Archives: Caselaw
Affirmative Defenses
You may have heard the term “affirmative defense” used loosely in seminars or case law updates. However, you may not be completely …
Return to Work Shenanigans
One of the best methods to reduce all forms of exposure is the employer bringing the claimant back to work within restrictions …
It’s All About the Presumption
Every day in the news we hear about the opioid crisis in America or a new state legalizing marijuana. These drug issues …
Know Your Rights to Subrogation
Don’t miss out on your chance for payback! Often times Employers and Insurance Carriers miss the chance to recover from other parties …
Occupational Exposure v. Disease
To recover in a workers’ compensation case in Florida, by way of example, a worker must suffer “an accidental compensable injury or …
And The Fee Beats On
With the changes in the Florida workers’ compensation law post Castellanos, attorney’s fees continue to be at the forefront of every single …
You know what it says… 440.34 UNCONSTITUTIONAL!… Here is what it means
Employers and their workers compensation carriers have been hit with two major blows as a result of a decision from the first …
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The Benefits of an Indemnity-Only Settlement
Like other forms of civil litigation, the majority of workers’ compensation claims settle short of trial. Even claims that have been tried …
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First DCA adds wrinkle to 120 day “Pay and Investigate” Rule
The First District Court of Appeal has suggested that in order to deny benefits pursuant to a Major Contributing Cause (MCC) analysis, …
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