Case Law Updates

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 »

Case Law Update – June 2015

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

Fraud Defense Tony Joe Leggett v. Barnett Marine Inc., 1D14–4432 First DCA (June 4, 2015) This case involves a marine dock builder who injured his back on May 9, 2013 while moving a piling. The E/C accepted compensability of the accident and injuries, authorized medical treatment, and began paying TTD benefits. Subsequently, the E/C… Read More »

Case Law Update – May 2015

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

IMPORTANT DEADLINES TO RESPOND TO REQUESTS FOR MEDICAL TREATMENT Terry Pearson v. BH Transfer, Fla 1st DCA Case No. 1D14-4560 (May 27, 2015) In this case, the claimant filed a Petition for Benefits on July 5, 2013 seeking authorization of spinal fusion surgery recommended by his authorized treating physician, and attached the doctor’s note… Read More »

Case Law Update – December/January

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

Insurance Geico General Insurance Company v. Hollingsworth, et al, 40 FLW D308, 5th DCA, opinion filed January 30, 2015. Automobile Liability – Coverage – Attorney’s fees – Under “Additional Payments” provisions of policy, which provided that insurer would pay all court costs charged to an insured in a covered lawsuit, insurer was obligated to… Read More »

Case Law Update – August/September

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

WORKERS’ COMPENSATION Hamm v. PMI Employee Leasing, et al, 39 FLW D722, 1st DCA, April 7, 2014. Jurisdiction – Death benefits – Where no Petition For Benefits or other claim for death benefits had been filed, Judge of Compensation Claims did not have jurisdiction to address employer/ carrier’s motion seeking to determine beneficiaries of… Read More »

Case Law Update – June 2014

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

Workers’ Compensation Lord v. Santa Rosa Correctional Institute/The Division of Risk Management, 39 FLW D870, 1st DCA, opinion filed April 24, 2014. Attorney’s fees – Where claimant’s authorized primary care provider discontinued seeing workers’ compensation patients, claimant requested authorization of a new PCP, parties mediated claim, with employer/carrier agreeing to authorize a new PCP… Read More »

Case Law Update – May 2013

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

ADJUSTER DEPOSITIONS CVS Caremark Corporation v. Kristen Latour, Fla 1st DCA Case No. 1D12-4972 (March 28, 2013) The claimant, Ms. Latour, was injured while working for the employer in Palm Coast, Flagler County, Florida. Thus, the correct venue for this claim was the Daytona Beach District of the Office of Judges of Compensation Claims…. Read More »

Case Law Update – March 2013

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

ONE-TIME CHANGE OF PHYSICIAN Joy Hinzman v. Winter Haven Facility Operations, Fla 1st DCA Case No. 1D12-2382 (February 18, 2013) In this case at the Trial level, JCC Joseph Murphy ruled that the “five days” in §440.13(2)(f), Florida Statutes (2011), means business days rather than calendar days. This is the statute that controls the… Read More »

Case Law Update – June 2012

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

REPETITIVE TRAUMA-CARPAL TUNNEL SYNDROME Rose v. GEICO and Broadspire, Fla 1st DCA Case No. 1D11-4843 (June 13, 2012) In this case, the claimant worked for GEICO as a typist in various positions over a 13-year period. Back in 1999, she originally filed a claim for bilateral carpal tunnel syndrome (CTS) which was compensable. However,… Read More »

Case Law Update – May 2012

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

GOING AND COMING RULE James Stewart v. Lakeland Funeral Home, Fla 1st DCA Case No. 1D11-1982 (May 1, 2012) The claimant was employed as a funeral director for Lakeland Funeral Home. His regular job duties included attending the memorial service for the deceased, even if the service occurred after regular work hours or on… Read More »