Blog

In our January 2015 Case Law Review we change things up a bit, as it was a slower news month for the 1st DCA. Instead, we explore some noteworthy and interesting JCC trial orders. DeWaal-Navas v. City of Gainesville OJCC Case No. 14—018123MRH (1/16/15) Judge Hill, Gainesville District Issue: Whether the Claimant was an “employee” at the time ofRead more

In our December Case Law Update, we review the following: City of Ft. Pierce v. Donald Spence Case No. 1D14-937 (12/30/2014) Facts: In this case the E/C appeals and the Claimant cross-appeals the award of facet injections and denying authorization of an orthopedic surgeon and a cervical discectomy and fusion at C5/6. The Claimant had aRead more

In our November Case Law Update, we review the following: Anderson v. North Port Services of Florida Case No. 1D14-2255 (Fla. 1st DCA 10/29/2014) Unrepresented Claimant appealed Final Order from JCC concluding she has fully and finally settled her workers’ compensation claim stemming from a 6/30/2012 accident. JCC concluded that Claimant failed to raise or establishRead more

In the October issue of our Case Law Updates, we review the following: Alexander v. FedEx Ground Package System, Inc. dba FedEx Home Delivery United States Court of Appeals for the Ninth Circuit Case No. 12-17509 Facts: This was a class action lawsuit in California, in which the Named Plaintiffs represented a class of approximately 2300 full-time FedExRead more

In the September issue of our Case Law Updates, we review the following: R.L. Haines Construction, LLC vs. Eva Santamaria, Etc. ET AL. Case No. 5D13-1937 (September 9, 2014) An injured worker, Victor Lizarraga, died while working at a construction site after being struck by a 2000 pound steel column…read more Noe Guerra vs. C.A. Lindman, Inc. andRead more

In the August issue of our Case Law Updates, we review the following: Emerita O. Flores-Orellana v. Circle-K and Constitution State ServicesCase No. 1D14-2055 (August 5, 2014)*as of this writing – on rehearing filed by both the E/C and the OJCC* Walter Vega v. FRS Environmental Remediators and Accord Human Resources/Risk Enterprised ManagementCase No. 1D13-5947 (July 28, 2014)

In the June issue of our Case Law Updates, we review the following: TREJO-PEREZ v. ARRY’S ROOFING/BUILDERS INS. GROUP CASE NO. 1D13-1889 (June 3, 2014) FACTS: The carrier authorized a non-Spanish speaking provider and an interpreter; however the Claimant does not attend the scheduled appointment and requests Spanish speaking psychologist. The only medical evidence presented at the FinalRead more

In the May issue of MKRS Law’s Case Law Update, we review the following: Dilma Celeny Santizo Perez v. Genaro’s Corporation d/b/a King’s Food and Meat Bazaar (1st DCA 5/19/2014) Facts:  Surviving dependents of an employee of King’s Food challenge Order from JCC denying compensability of accident, injuries, and death. Claimant began to gather shopping carts fromRead more

In the April issue of MKRS Law’s Case Law Updates, we review the following: Hamm v. PMI Employee Leasing and Comprehensive Insurance Solutions Case 1D13-4895, 1st DCA 2014 Take Away – An E/C essentially has to deny a benefit in order to get something in front of the JCC. This is also illustrated in cases where a JudgeRead more

In the March issue of MKRS Law’s Case Law Updates, we review the following: Luces v. Red Ventures Case No. 1D13-1001 (Fla. 1st DCA February 28, 2014) Take-away: If a $1,500.00 medical-only fee is not approved, it is wise to file a Motion for Rehearing if the fee is unilaterally remitted to the Claimant by the JCC (especiallyRead more