February Case Law Review

Here are a few new and noteworthy cases brought you directly by one of our MKRS Law attorneys for our 2015 February Case Law Review.

Roof Painting By Hartzell, Inc./ Summit Holdings- Claims Center v. Andres Hernandez, Colors Construction, Inc., and Guarantee Insurance Company

Issue: Whether the JCC properly determined that dual employment existed between a contractor and subcontractor?

American Airlines and Sedgwick Claims Management Services, Inc. v. David Hennessey

Issue: Whether the JCC properly excluded a deposition from being admitted into evidence due to late disclosure of a witness without a showing of actual prejudice?
Whether a JCC can issue a blanket award of attendant care benefits without consideration of the actual evidence presented with regard to the actual services performed?

Miami-Dade County v. Thomasena Mitchell

Issue: Whether the JCC erred in ignoring or overlooking medical testimony that a congenital condition was a non-occupational cause of a Claimant’s heart condition that was sufficient to overcome the presumption?
Whether a JCC has overlooked or ignored evidence, which if considered by the JCC could change the outcome of the case?

Gwendolyn Echo v. MGA Insurance Company, Inc.

Issue: Whether an insurance company was entitled to rescind an insurance policy based on the insured’s material misrepresentations and whether payments made after the denial could rescind their ability to deny the existence of the policy?