Resources
Resources
Ponce v. NSpire Healthcare Kendall / XL Specialty Insurance Company
JCC Kerr (Miami)(Paul Terlizzese )(6-16-22) – Denied Verified Petition for Fees and Costs with prejudice because the statute of limitations had expired on any claims for attorney’s fees and costs, as well as any claims for benefits. Click here to view Order View More
Perriere v. U.S. Parking Limited / AmTrust
JCC Kerr (Miami) (Andy Borah)(6-20-22) – Denied claims for compensability, TTD/TPD, authorization of medical care and PICA under the going and coming rule. The claimant worked as a valet and was driving to work up a driveway ramp into the employer’s parking garage on her scooter when the claimant was forced to swerve to avoid being struck by a delivery van reversing out of the other driveway lane, which operated as a receiving area for delivery drivers. The claimant alleged... View More
Case Law Update June 2022
Updated 6-30-22 Sargent v. Bradford County Sheriff’s Office/Fla. League of Cities, ___ So.3d ____ (Fla. 1st DCA 6/1/2022)First Responder Presumption Notwithstanding a lengthy dissent, the First DCA affirmed denial of the application of the heart presumption statute under F.S. s 112.18 because the corrections officer did not have a new Pre-employment physical (PEP) when he moved from part time to full time, even though he had a PEP when he started part time years earlier. Click here to view Opinion View More