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Settlement Agreements Upheld in Florida Workers’ Compensation Cases
We successfully argued that a settlement agreement, based upon a binding and enforceable agreement reached via email between the parties, is enforced. The claimant had given her attorney authority to settle, but subsequently changed her mind. Based upon case law, there was unequivocal authority to settle and it was too late for the claimant to negate the agreement previously reached. The judge of compensation claims agreed and upheld the settlement. In another matter, we filed a motion to enforce a settlement agreement reached by the parties at mediation, which the judge of compensation claims granted. Despite attending mediation, reaching an agreement and having a mediation report drafted, the claimant did not sign the agreement. He then terminated the services of his attorney and retained new counsel. At the hearing held before the judge, Linda called the claimant’s former attorney as a witness and also conducted a direct examination of the claimant. Ultimately, the judge found that the claimant had agreed to settle and changed his mind later. Therefore, the settlement agreement was enforced.
Judge doesn’t buy that chemical exposure was major contributing cause for claimant’s complaints.
We won a total controvert on a workers’ compensation exposure claim and successfully defended a denial. The claimant alleged exposure to a toxic airplane paint thinner at a plant in Kentucky in December of 2019. He was a subcontractor of the airplane manufacturer, but a Florida employee. The claimant complained of breathing issues and skin rashes. He sought treatment at an emergency room in Kentucky on the date of alleged exposure ,and again approximately 10 months later for skin rashes. However, the claimant was able to continue working without any wage loss the entire time. The employer/carrier denied and defended on the basis that the claimant could not prove causation by clear and convincing evidence pursuant to F.S. 440.02. The claimant obtained an IME, which opined that his breathing issues could be attributable to the alleged exposure, but that the rashes most likely were not. The claimant’s IME physician opined that the claimant needed to undergo additional testing to determine causation. The employer/carrier’s IME opined that the major contributing cause of the claimant’s rashes and breathing issues was not the alleged exposure. The Judge of Compensation Claims accepted the employer/carrier’s IME and held that the claimant failed to prove that a workplace chemical exposure was the major contributing cause of his complaints.
Successful defense of motion for summary judgment filed by another carrier in a disputed employer/employee issue.
The issue involved whether the injured employee was the statutory employee of our client, or of the subcontractor who actually hired him. The injured worker was hired by a subcontractor during the aftermath of the Category 5 storm, Hurricane Michael, that hit near Panama City, Florida on October 10, 2018. The subcontractor’s company could not provide hiring paperwork that would have confirmed workers’ compensation coverage by the employee leasing company due to lack of electricity, internet connections and cellular service. Therefore, the parties agreed that the hiring paperwork would be hand delivered to the risk manager for the employee leasing company. The worker was injured one day before the hiring paperwork was hand delivered, but after the parties had agreed on hand delivery of the paperwork. The court found this to be sufficient evidence of detrimental reliance and of a disputed issue of material fact that the motion for summary judgment was denied.
