Workers' Compensation

Florida’s First District Remands Workers’ Compensation Case for Reconsideration of Injured Woman’s Statutory Employee Status

Published on: March 16, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Mitchell v. Osceola County School Board, a Florida woman was working at a veterinary clinic that was being hosted by a non-profit organization and held at an Osceola County high school. While assisting at the clinic, the woman allegedly suffered an injury when she was bitten by a dog. After the incident, the woman filed multiple workers’ compensation benefits claims against both the non-profit organization that employed her and the school board. Eventually, the woman dismissed her claims against the non-profit organization because the group did not carry workers’ compensation insurance coverage.

At a hearing before a Judge of Compensation Claims (“JCC”) the woman argued there was an employer-employee relationship between herself and the school board. In support of her claim, the woman stated the board was her statutory employer under the plain language of Section 440.10(1)(b) of the Florida Statutes. After the JCC rejected the woman’s assertion that she was a school board employee under the law, she filed an appeal with Florida’s First District.

Appeals Court Rules on Attendant Care Payments in Florida Workers’ Compensation Case

Published on: March 11, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In American Airlines v. Hennessey, an employee injured his right leg in a workplace accident. As a result, he was required to undergo several hospitalizations and a lengthy course of antibiotics. Due to the extent of the man’s injuries, his employer authorized him to receive attendant care in his home until he was healed.

About two months after the on-the-job accident, the man sought authorization for attendant care beginning on the date of his harm. In support of his request, the man submitted an undated handwritten note from his doctor stating that the hurt man’s wife took non-professional care of him 24 hours per day since he was injured. Later, the physician clarified that the man’s injuries merited attendant care for at least 12 hours per day for a period of about four months beginning on the date of the workplace accident. This included “bathing, cooking, cleaning, and dressing type functions as well as transportation.”

Order Denying Florida Workers’ Compensation Benefits Advance Request is a Final Order for Purposes of Appeal

Published on: February 11, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Shannon v. Cheney Bros., Inc., a man suffered a workplace back injury in October 2010. The man’s employer accepted liability for the injury and authorized the employee to seek medical treatment. Later, the employee was involved in a traffic collision that was not related to work. As a result of the accident, the worker suffered additional back harm. Not long after the crash occurred, the man’s doctor stated it was his medical opinion that the employee’s workplace injury was no longer the major cause of his need for medical care. As a result, the man’s employer denied his request for follow-up medical treatment.

Next, the injured worker filed two requests for medical benefits related to his back harm. While his requests were pending, the worker sought an advance workers’ compensation payment. Following an evidentiary hearing before a Judge of Compensation Claims (“JCC”), the man’s request was denied and the worker did not appeal the decision. Several months later, the JCC also denied the employee’s two petitions for medical benefits. The worker then appealed each of the JCC’s decisions to Florida’s First District Court of Appeal.

Order Providing Discounted Benefits for Pre-Existing Condition Overturned in Florida Workers’ Compensation Case

Published on: February 2, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In City of Fort Pierce v. Spence, an employee was hurt in a 2012 work-related car accident. Following the collision, the man’s employer admitted that his claim was compensable. An authorized physician recommended that the worker undergo a number of procedures on his back, including facet injections and orthopedic surgery. In a deposition, however, the doctor stated a degenerative spinal condition that was diagnosed prior to the accident was about 70 percent responsible for the worker’s need for the facet injections. The doctor also said the condition was normal for a man who was the worker’s age. Following a hearing before a Judge of Compensation Claims (“JCC”), the man received a discounted award related to the facet injections. In addition, the JCC denied the man’s orthopedic surgery claim.

On appeal, Florida’s First District stated the medical evidence offered in the case suggested that the man’s pre-existing degenerative condition was the major cause of his need for the facet injections. The court held that the JCC misapplied the law when she took into account the physician’s statement that the man’s back disorder was normal given his age. According to the appellate court, the relevant inquiry was whether the underlying condition independently required treatment before the employee was hurt at work. Since the medical evidence suggested it did, the District Court of Appeal of Florida, First District overturned the JCC’s award for the facet injections and affirmed her decision on all other counts.

Florida Appeals Court Overturns Order Compelling Medical Exam in Workers’ Compensation Case

Published on: January 15, 2015 | by Friedman Rodman Frank & Estrada, P.A.

In Jackson v. Columbia Pictures, a Florida man suffered a traumatic brain injury in 1986 when he fell more than 20 feet at work. Two years later, the brain-damaged worker reached “maximum medical improvement.” Eventually, the hurt man received a workers’ compensation award that included any attendant care benefits that were medically necessary. During the intervening years, the brain-damaged man was incarcerated on two separate occasions.

In 2008, a Judge of Compensation Claims (“JCC”) determined that the injured man required care around the clock during his incarceration. As a result, the JCC entered an order for the amount of services “actually rendered” to the worker. Two years later, the injured man filed a petition seeking payment for the costs associated with the 24-hour attendant care he received while he was in prison.

First District Appellate Court Affirms Decision Denying Florida Workers’ Compensation Benefits Over Employee Misrepresentation

Published on: December 30, 2014 | by Friedman Rodman Frank & Estrada, P.A.

In Clark v. R&L Carriers, a semi-truck driver was allegedly injured on the job in two separate traffic collisions in 2012. According to the trucker, he suffered serious neck, back, and shoulder injuries in the two accidents. Following the crashes, the man’s employer authorized medical care for both incidents. Later, the employer received a copy of the man’s medical records that predated the 2012 collisions. In the healthcare records, the trucker apparently complained of injuries that were similar to those for which he sought compensation from his employer. Around the same time, the driver’s employer also learned that the man engaged in prior litigation over this harm in another state. As a result, the trucker’s employer refused to compensate him for any further benefits related to the 2012 tractor-trailer accidents, based on the truck driver’s alleged misrepresentation.

Following a hearing on the matter, a Florida Judge of Compensation Claims (“JCC”) ruled that the truck driver committed misrepresentation when he did not alert his physicians to his prior medical history. Because of this, the JCC held that the trucker’s workers’ compensation claims were barred under Florida law. In response, the worker asked Florida’s First District Court of Appeal to review the decision.

Supreme Court of Florida Holds Deceased Worker’s Estate Cannot Recover Tort Judgment from Employer’s Insurance Company

Published on: December 10, 2014 | by Friedman Rodman Frank & Estrada, P.A.

In Morales v. Zenith Ins. Co., a Florida man was tragically killed in a workplace accident. Following the fatal incident, the decedent’s wife agreed to a workers’ compensation settlement with the man’s employer and the employer’s insurance company. The wife also signed a release stating the settlement was the sole remedy for which the insurer would provide coverage to the employer.

Prior to the workers’ compensation settlement, the man’s estate filed a wrongful death action against the man’s employer. As a result, a default judgment of nearly $10 million was entered in favor of the estate. After the employer’s insurer refused to pay the judgment, the estate filed a breach of contract lawsuit against the insurance company in a Florida court. The insurer removed the case to the Middle District of Florida and filed a motion for summary judgment. In its motion, the insurer argued that a workers’ compensation exclusion included in the employer’s policy barred the estate from suing the company. The federal court then granted the insurance company’s motion and entered judgment in its favor.

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

Published on: November 17, 2014 | by Friedman Rodman Frank & Estrada, P.A.

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 him for the harm he sustained in the workplace accident. Following extensive litigation, the man and his employer entered into an agreement that the employer would accept compensability for the man’s injuries. As part of the settlement agreement, the employer agreed to pay litigation costs and the worker’s statutory attorney’s fees.

The man next sought additional attorney’s fees before a Judge of Compensation Claims (“JCC”) pursuant to Florida Statutes Section 57.105. The JCC denied the man’s request for additional legal fees and stated that such an award is not allowed in a workers’ compensation proceeding before a JCC. In addition, the JCC refused to award the injured man the costs associated with two videotaped depositions that were important to the case. The hurt worker then appealed the JCC’s decision to Florida’s First District Court of Appeal.

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

Published on: October 20, 2014 | by Friedman Rodman Frank & Estrada, P.A.

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 reportedly advised the injured man to seek follow-up care. Although the man notified his supervisor regarding the incident, and the supervisor came to both the scene of the assault and the emergency room, the supervisor apparently failed to file a timely notice of injury as required by Florida statute.

Less than two weeks later, the injured worker received follow-up care at a local Veterans Administration facility. About two months after the workplace assault, the injured man also underwent surgery related to the incident. Despite his work-related harm, the man continued his employment throughout his medical treatment.

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

Published on: October 13, 2014 | by Friedman Rodman Frank & Estrada, P.A.

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 returned to work with a reduced salary. After returning to work, she sought a $2,000 advance from her employer under Florida Statute Section 440.20(12). This law allows an employee to request a workers’ compensation advance of up to $2,000 when the worker has suffered a “substantial loss of earning capacity or a physical impairment” as a result of an injury that took place at work. In addition, the statute also allows a worker to request a larger advance if a JCC deems the request to be reasonable.

After the woman provided uncontroverted testimony demonstrating that she suffered financial harm as a result of her workplace injury and the advance was necessary in order to pay her bills, a JCC denied her request. She then filed a workers’ compensation appeal with Florida’s First District.