Case Law Updates

Case Law Update -February 22, 2017

By Bradham, Benson, Lindley, Blevins, Bayliss & Wyatt, PLLC |

EMA OPINIONS/CLAIMANT’S RELIANCE ON TREATING DOCTOR’S OPINION Hillsborough County School Board v. John Kubik, No. 1D16-1053, Fla 1st DCA (February 10, 2017) This appeal involves two separate but equally important issues. The first issue was whether or not an Expert Medical Advisor (EMA) may render an opinion that is admissible into evidence when the… Read More »

Case Law Update -February 2017

By Bradham, Benson, Lindley, Blevins, Bayliss & Wyatt, PLLC |

ONE-TIME CHANGE RetailFirst Insurance Company and Servpro v. Brenton Davis, No. 1D16-2310, Fla 1st DCA (January 23, 2017) This appeal concerns the proper interpretation of Florida Statute §440.13(2)(f) regarding a one-time change of physicians. The specific question addressed is whether or not a claimant is entitled to select a physician in a different specialty… Read More »

Case Law Update -November 21, 2016

By Bradham, Benson, Lindley, Blevins, Bayliss & Wyatt, PLLC |

WORKERS’ COMPENSATION DEFENSE CLIENTS Vincent Sansone v. Frank Crum/Frank Winston Crum Insurance, Inc., No. 1D15-5116, Fla 1st DCA (November 2, 2016) This appeal concerns the potential liability for claimant paid attorney’s fees by an E/C. The specific question addressed is what happens if the carrier or employer accepts responsibility for medical expenses within 30… Read More »

Case Law Update -November 15, 2016

By Bradham, Benson, Lindley, Blevins, Bayliss & Wyatt, PLLC |

260 WEEKS ELIGIBILITY FOR TPD BENEFITS Vincent Jones v. Food Lion, Inc., No. 1D15-3488, Fla 1st DCA (November 9, 2016) This case interpreted the Supreme Court of Florida case in Westphal v. City of St. Petersburg which clearly on its face, found the 104-week limitation on temporary total disability benefits unconstitutional and revived the… Read More »

Case Law Update -October 2016

By Bradham, Benson, Lindley, Blevins, Bayliss & Wyatt, PLLC |

GOING AND COMING RULE Khristine Quinn v. CP Franchising LLC, No. 1D16-0257 Fla 1st DCA (October 13, 2016) The claimant appealed a Final Merits Order issued by JCC Daniel Lewis which found that her trip and fall accident in a parking lot adjacent to her employer’s leased place of business did not arise out… Read More »

Case Law Update -September 2016

By Bradham, Benson, Lindley, Blevins, Bayliss & Wyatt, PLLC |

DOUBLE DAMAGES FOR MEDICARE CONDITIONAL PAYMENTS Humana Medical Plan. Inc. v. Western Heritage Insurance Company, No. 15-11436 U.S. App 11th Circuit (August 8, 2016) In a very significant case from the United States Court of Appeals for the 11th Circuit for the Southern District of Florida, the court upheld the trial court’s decision to… Read More »

Case Law Update – April 2016

By Bradham, Benson, Lindley, Blevins, Bayliss & Wyatt, PLLC |

HOURLY ATTORNEY’S FEES ARE BACK Marvin Castellanos v. Next Door Co./Amerisure, No. SC13-2082 Florida Supreme Court (April 28, 2016) In an extremely important case that involves far reaching implications, today the Florida Supreme Court ruled on Castellanos v. Next Door Company/Amerisure. The State’s highest Court struck down the statutory fee cap as unconstitutional and… Read More »

Case Law Update – February 2016

By Bradham, Benson, Lindley, Blevins, Bayliss & Wyatt, PLLC |

Workers’ Compensation Defense Clients Gary Steinberg v. City of Tallahassee, Fla 1st DCA Case No. 1D15-1794 (February 23, 2016) In this case, the claimant appealed an order of JCC Laura Roesch which denied his claim for additional impairment benefits (IB’s) which was based upon the JCC’s acceptance of one doctor’s opinion over another doctor’s… Read More »

Case Law Update – August 2015

By Bradham, Benson, Lindley, Blevins, Bayliss & Wyatt, PLLC |

Limits On Discovery Edwin Vazquez v Carlos Romero, Fla 1st DCA Case No. 1D15-0623 (August 19, 2015) In this case, the claimant initially filed Petitions for Benefits (PFB’s) against three different alleged employers and their carriers. Subsequent to the filing of the PFB’s, the claimant’s attorney voluntarily dismissed all of the Petitions without prejudice,… Read More »

Case Law Update – July 2015

By Bradham, Benson, Lindley, Blevins, Bayliss & Wyatt, PLLC |

Exception To One-Time Change 5-Day Rule Victor Gonzalez v. Quincy Electrical, Inc., Fla 1st DCA Case No. 1D14-5395 (July 15, 2015) In this case, the claimant’s attorney, Roland Tan, Jr., made a written request for a one-time change of physician which was “buried within” a Notice of Appearance that was two pages in length…. Read More »