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Florida Workers' Compensation October 1, 2019
The Judge of Compensation Claims held that the claimant’s mention of an expert medical advisor (EMA) during opening and closing arguments did not constitute a timely request. Florida case law instructs that such requests must be made on a..., Case Law Alerts, 4th Quarter, October 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, 2019
The claimant appealed an order denying her claim for temporary disability benefits. The court affirmed the Judge of Compensation Claims but wrote to address the claimant’s assertion that section 440.13(4)(c), Florida Statutes (2013), allowing..., Case Law Alerts, 4th Quarter, October 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, 2019
Temporary partial disability benefits are payable to an injured employee if he has not reached overall maximum medical improvement and the medical condition creates restrictions on his ability to work. Here, the employer did not dispute the Judge of..., Case Law Alerts, 4th Quarter, October 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, 2019
The First District Court of Appeals reversed and remanded the Judge of Compensation Claim’s ruling that allowed the employer to select an anesthesiologist for the claimant’s one-time change request from a physical medicine and..., Case Law Alerts, 4th Quarter, October 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, 2019
This case was bifurcated on the issue of compensability, specifically to determine whether the claimant was working as an independent contractor or as an employee of the condominium association at the time of his accident. The judge of compensation..., Case Law Alerts, 4th Quarter, October 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 July 1, 2019
After the claimant filed a petition for benefits, there was a dispute over the employers’ selection of a pain management physician. According to the employer, they have the right to select the doctor. Although the claimant agreed, she did not..., Case Law Alerts, 3rd Quarter, July 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 advice...
Florida Workers' Compensation July 1, 2019
This case involved a claimant with a severe crush injury to his left foot and ankle. The claimant made a claim for authorization for a second opinion with a plastic surgeon. His authorized treating orthopedic surgeon thought he may be a candidate..., Case Law Alerts, 3rd Quarter, July 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 advice...
Florida Workers' Compensation July 1, 2019
The claimant worked as a remote employee. On the date of injury, she took a break from her work to get coffee. As she reached for a cup in her kitchen, she fell over one of her two dogs. In her workers’ compensation claim, she asserted the..., Case Law Alerts, 3rd Quarter, July 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 advice...
Florida Workers' Compensation April 1, 2019
In a prior order that was pending on appeal, the judge of compensation claims determined the claimant was at maximum medical improvement. The order on appeal concerned claims for temporary partial disability benefits, which the judge dismissed,..., Case Law Alerts, 2nd Quarter, April 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 advice...
Florida Workers' Compensation April 1, 2019
The judge of compensation claims granted the claimant’s emergency motion to prohibit and/or limit the employer’s ex parte communication with the transfer of care physician. The judge’s opinion indicated he was confronted with..., Case Law Alerts, 2nd Quarter, April 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 advice...

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