Case Law Updates

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 ยง440.13(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 »

Case Law Update – October 2010

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

EXPERT MEDICAL ADVISOR AAA Gutter Cleaning, Inc. v. Cesario, 35 FLW D2102(a) (Fla 1st DCA 2010) In this case, JCC Stephen Rosen, incorrectly interpreted Section 440.13(9)(c) to require that a disagreement between two health care providers necessary to trigger the appointment of an EMA must be between doctors of the same specialty. In Cesario,… Read More »

Case Law Update – June 2010

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

VOLUNTARY RESIGNATION DEFENSE TO TPD Daniel Carcamo v. Business Representation International, 35 FLW D1011 (Fla 1st DCA May 6, 2010) In this case, the claimant suffered a compensable accident on June 5, 2007 while working as a luggage handler for the employer. The claimant received medical treatment and returned to work light duty for… Read More »