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Articles Posted in Workers’ Compensation

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Appellate Court Holds Videotaped Depositions May be a Reimbursable Litigation Expense Under Florida Workers’ Compensation Statute

In Lane v. Workforce Business Services, Inc., a man sought benefits from his employer under Chapter 440 of the Florida Statutes after he suffered an injury at work. The hurt worker filed a petition seeking a determination regarding his entitlement to workers’ compensation benefits after his employer refused to compensate…

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Appeals Court Says Employer Who Failed to Comply With Florida Workers’ Compensation Laws Must Reimburse Hurt Employee

In Fortune v. Gulf Coast Tree Care, Inc., a Florida man’s shoulder became dislocated after he was assaulted while making a work-related delivery to a customer in 2011. Following the incident, the man was treated in an emergency room at a local hospital. After realigning his shoulder, the treating physician…

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Florida Appeals Court Overturns Denial of Benefits in Miami-Dade Workers’ Compensation Case

Florida’s First District Court of Appeal has reversed a decision denying an advance in workers’ compensation benefits that was rendered by a Judge of Compensation Claims (“JCC”). In Bonner v. Miami Dade Public Schools, an employee who was out of work for about 18 months due to a work-related injury…

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11th Circuit Says Florida Workers’ Compensation Laws Apply to Temporary Driver Injured in Dump Truck Crash: Wesco Insurance Co. v. Casto

In Wesco Insurance Co. v. Casto, a man sued a Florida company in federal court for personal injuries he allegedly suffered in a collision while driving a dump truck that was owned by the company. In response to the lawsuit, the company sought defense and indemnity from its motor vehicle insurer.…

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Florida Appeals Court Affirms Workers’ Compensation Benefits for Sheriff’s Deputy Injured in a Semi-Truck Crash While Commuting: Levy County Sheriff’s Office v. Allen

Florida’s First District Court of Appeal has affirmed an order granting workers’ compensation benefits to a sheriff’s deputy who was hurt on his way to work. In Levy County Sheriff’s Office v. Allen, a deputy employed by the Levy County Sheriff’s Office for more than 41 years was traveling to…

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Florida Appeals Court Clarifies Notice Requirements in Workers’ Compensation Case: Caceres v. Sedano’s Supermarkets

Florida’s First District Court of Appeals has overturned a judge’s denial of a repetitive use injury workers’ compensation claim. In Caceres v. Sedano’s Supermarkets, a grocery store employee filed a workers’ compensation claim for repetitive trauma injuries he allegedly sustained while on the job several years earlier. A Judge of…

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Workers’ Compensation Immunity in Questionable Florida Employment Situation

In a recent case, a woman appealed form summary judgment entered in favor of a general contractor for whom her husband had worked. The case arose when the general contractor was managing a project at a processing plant in Miami. A plumbing company and its supplier was also on the…

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What is the Role of an Expert Medical Advisor in Florida?

In Florida, an Expert Medical Advisor (or “EMA”) is asked by a workers’ compensation judge to resolve certain controversies. A judge must order an EMA if either party requests one. They also must be called when there is a disagreement between two independent medical examiners. A judge may also choose…

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Important Florida Ruling on Injured Workers With Permanent Disabilities

In Florida there is a 104-week time limit on temporary disability benefits. The problems with the way this limit was applied were first addressed in a 1998 case in which the claimant was almost at the end of the 104-week period, but he hadn’t reached maximum medical improvement. The appellate…

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