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Florida Workers' Compensation January 1, 2019
The employer appealed an order awarding temorary partial disability after the judge of compensation claims found that the claimant’s refusal to accept the employer’s offer of suitable employment was justifiable under § 440.15(6),..., Case Law Alerts, 1st Quarter, January 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Florida Workers' Compensation January 1, 2019
The claimant requested a one-time change in orthopedic physician on February 15, 2017. That same day, the employer sent authorization and medical records to the one-time change doctor. Also on that day, an email was sent to claimant’s counsel..., Case Law Alerts, 1st Quarter, January 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Florida Workers' Compensation October 1, 2018
The claimant requested a $2,000 advance in order to pay for an IME. The employer argued that the claimant failed to show a financial need for the advance. The claimant contended that she established eligibility based on her 1% permanent impairment..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Florida Workers' Compensation October 1, 2018
Florida Statute 440.09(7)(b) allows a claimant to rebut the presumption of intoxication by clear and convincing evidence that the intoxication or the influence of drugs did not contribute to the injury. Per F.S. 440.09(7)(e), the claimant must prove..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Florida Workers' Compensation October 1, 2018
This claim involved a low back injury and request for fusion surgery. The employer/carrier asserted a major contributing cause defense. The claimant argued that the employer/carrier had not denied the claim or condition within 120 days and,..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Florida Workers' Compensation July 1, 2018
The petition for workers’ compensation benefits sought authorization of a “trial of medical marijuana as recommended by Dr. Mark Hofmann.” Dr. Hofmann’s note of March 15, 2017, stated that he recommended “a trial of..., Case Law Alerts, 3rd Quarter, July 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Florida Workers' Compensation July 1, 2018
On April 30, 2014, the claimant sustained injuries to his neck and low back in an explosion. The employer accepted compensability and authorized care. It was undisputed that the claimant had pre-existing degenerative disc disease, which was..., Case Law Alerts, 3rd Quarter, July 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Florida Workers' Compensation July 1, 2018
The claimant had a fusion surgery a few months after his 2006 work injury. Within one year of surgery, the fusion was solid, and it was argued that they no longer performed any fuction, although they remained attached and inside of the claimant. The..., Case Law Alerts, 3rd Quarter, July 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Florida Workers' Compensation April 1, 2018
The 1st DCA held that the 120-day defense must be timely and specifically plead by claimants and may not be raised sua sponte by the Judge of Compensation Claims. The court held that the claimant’s pre-existing osteoarthritis was a qualifying..., Case Law Alerts, 2nd Quarter, April 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

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