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Category Archives: Caselaw

27
11 '18
September 6, 2019
Credit Card Hand

Right to Contribution

Claimants frequently experience more than one workplace accident throughout the course of their career. Typically, an old injury with an ex-employer will …

Continue reading “Right to Contribution”

Posted byMarianne ThorntonPosted in Caselaw, Opinions
18
04 '18
September 6, 2019
Army Men

Affirmative Defenses

You may have heard the term “affirmative defense” used loosely in seminars or case law updates. However, you may not be completely …

Continue reading “Affirmative Defenses”

Posted byKristen JohannessenPosted in Caselaw
06
03 '18
September 6, 2019
Table Saw Workers

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 …

Continue reading “Return to Work Shenanigans”

Posted byThomas VecchioPosted in Caselaw
20
02 '18
September 6, 2019
Marijuana Bud

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 …

Continue reading “It’s All About the Presumption”

Posted byEthan DotsonPosted in Caselaw, Opinions
06
02 '18
September 6, 2019
Data Pen

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 …

Continue reading “Know Your Rights to Subrogation”

Posted byElizabeth DohenyPosted in Caselaw
18
01 '18
September 6, 2019
Protective Suit

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 …

Continue reading “Occupational Exposure v. Disease”

Posted byAnabella RojasPosted in Caselaw, Opinions
12
12 '17
September 6, 2019
Money Box

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 …

Continue reading “And The Fee Beats On”

Posted byBridgette CromwellPosted in Caselaw
19
05 '16
September 6, 2019
Building Sign

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 …

Continue reading “You know what it says… 440.34 UNCONSTITUTIONAL!… Here is what it means”

Posted byBarbi FeldmanPosted in Caselaw, Opinions
23
12 '15
September 6, 2019
Arm Wrestle

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 …

Continue reading “The Benefits of an Indemnity-Only Settlement”

Posted byThomas VecchioPosted in Caselaw, Opinions
14
10 '15
September 6, 2019
To Do

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, …

Continue reading “First DCA adds wrinkle to 120 day “Pay and Investigate” Rule”

Posted byThomas VecchioPosted in Caselaw
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