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Florida Workers’ Compensation Law Blog 
News, legislative developments, and court decisions arising under the Florida Workers' Compensation Act.
Post Frequency: 1.1/day Last Entry: August 24, 2009 at 08:40:29 Recent Entries: 290
By David A. McCranie, Esq.
Go to Florida Workers’ Compensation Law Blog, find other Disability Law blogs, or browse all law blogs.
Third DCA: Malicious Prosecution Claim Against Employer not Subject to Arbitration
Posted on December 20, 2007Although it's difficult to tell all of the facts from the Court's brief opinion, it would appear that the employee had an employment contract with his employer in which he agreed to arbitrate rather than litigate any employment-related claims under the "Employment Retirement Income Security Act, Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Americans with Disabilities Act, the Older Workers' Benefits Protection Act, as well as all other federal, state, and local employment-related laws, regulations, rules or theories...
Florida Justice Association Files Amicus Brief in Murray v. Mariners Health
Posted on December 19, 2007The Florida Justice Association (formerly known as the Academy of Florida Trial Lawyers) has filed an amicus brief in support of the petitioner in Murray v. Mariners Health. You can read their brief here. Unlike the petitioner, they limit their argument against the constitutionality of the 2003 amendment to §440...
Claimant's Initial Brief filed in Murray v. Mariners Health (Part II)
Posted on December 18, 2007(Cont'd from Part I)Here's my summary of the claimant's arguments before the Supreme Court: STATUTORY CONSTRUCTION (1) The limitation on attorney's fees is contained in subsection (1) of §440.34. However, it is subsection (3) of §440...
Claimant's Initial Brief filed in Murray v. Mariners Health
Posted on December 18, 2007The claimant has filed her initial brief in the Florida Supreme Court in the case of Murray v. Mariners Health, the case where the Court has agreed to consider the constitutionality of the 2003 amendment to §440.34, Fla. Stat. You can read a copy of the brief here...
'Horizontal Immunity' Protects Subcontractor from Tort Liability
Posted on December 05, 2007One of the many changes wrought by the 2003 amendments to the Florida Workers' Compensation Law was a change regarding immunity from tort liability for subcontractors on construction jobs. Specifically, the 2003 amendment to §440.10 now provides so-called "horizontal immunity" from tort liability for injuries to employees of other subcontractors provided that: (1) the defendant subcontractor has secured workers' compensation insurance coverage for its own employees; and (2) the defendant subcontractor's own "gross negligence" was not the "major contributing cause" of the injuries...
Maximum Compensation Rate for 2008 Announced
Posted on December 04, 2007The Florida Division of Workers' Compensation has announced that the maximum compensation rate for accidents occurring in 2008 is $746.00 per week. See DFS-14-2007.
Liberty Mutual Seeks Supreme Court Review in Steadman Case
Posted on December 04, 2007On 11/30/2007, Liberty Mutual filed a Notice to Invoke the Discretionary Jurisdiction of the Florida Supreme Court in the case of Liberty Mutual v. Steadman, a Second DCA decision which I discussed here. The Second DCA held in that case that Steadman's complaint, which alleged that Liberty Mutual had engaged in a number of "outrageous" acts in the handling of Steadman's workers' compensation claim, stated a valid cause of action for intentional infliction of emotional distress...
Third DCA: Interest Awardable on WC Lien
Posted on November 26, 2007The Third DCA has held that a workers' compensation carrier is entitled to interest on the benefits it has paid for the period of time after the claimant receives the settlement proceeds from his third-party liability claim until the amount of the carrier's lien is determined...
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When Government Inversely Condemns Property by Regulation, Magnitude of State Interest Has No Bearing Upon Just Compensation
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What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...
Can collection agency call me for my mother debt that she never had?
Get an Attorney - quickly. Do not talk to the collection people. Do not tell the...
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Can I Sue The Hospital And Insurance Adjuster For Incompetence?
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