WORKER’S COMPENSATION: APPEALS: NONFINAL ORDERS: ORDER DECLINING TO RULE ON JURISDICTIONAL QUESTION BASED ON LACK OF EVIDENCE WAS NOT APPEALABLE UNDER FLA. R. APP. P. 9.180(b)(1)(A) PROVIDING FOR APPELLATE REVIEW OF NONFINAL ORDERS ADJUDICATING JURISDICTION

Bonafide Masonry v. Saxton, ___ So. 3d ___, 40 Fla. L. Weekly D586 (Fla. 1st DCA March 5, 2015)

An order of the Judge of Compensation claims, declining to rule on a jurisdictional question based on lack of evidence, was not appealable under Fla. R. App. P. 9.180(b)(1)(A), which provides for appellate review of nonfinal orders adjudicating jurisdiction. Instead … Click To Read Full Case Law Review...

WORKER’S COMPENSATION: CIVIL PROCEDURE: RES JUDICATA: RES JUDICATA MAY NOT BE BASED UPON THE DISMISSAL WITHOUT PREJUDICE OF A PREMATURE CLAIM BECAUSE THE DISMISSAL IS NOT A FINAL ADJUDICATION ON THE MERITS

O’Connor v. North Okaloosa Medical Center, ___ So. 3d ___, 39 Fla. L. Weekly D2586 (Fla. 1st DCA December 12, 2014)

When a petition for permanent total disability benefits under the Worker’s Compensation Act was denied without prejudice as premature, the employee filed a petition for temporary total disability benefits, which the Judge of Compensation Claims (JCC) denied based … Click To Read Full Case Law Review...

WORKERS’ COMPENSATION: RETALIATORY DISCHARGE: ARBITRATION: ARBITRATION AGREEMENT DID NOT DEFEAT REMEDIAL PURPOSES OF SECTION 440.205, FLORIDA STATUTES: VALID AGREEMENT TO ARBITRATE: UNCONSCIONABILITY: CONFIDENTIALITY: ARBITRABLE ISSUE: WAIVER; APPEALS: RECORD ON APPEAL: ABSENCE OF A TRANSCRIPT DID NOT THWART APPELLATE REVIEW BECAUSE COURT WAS PRESENTED WITH A QUESTION OF LAW INVOLVING INTERPRETATION OF AGREEMENT

Audio Visual Innovations, Inc. v. Spiessbach, ___ So. 3d ___, 38 Fla. L. Weekly D1753 (Fla. 2d DCA August 16, 2013)

The trial court erred by denying the employer’s motion to compel arbitration of the employee’s claim for retaliatory discharge based upon making a claim for worker’s compensation benefits.  (1) Appellate review was not thwarted by the absence of a … Click To Read Full Case Law Review...

WORKER’S COMPENSATION: CIVIL PROCEDURE: DISCOVERY: ELECTRONIC CLAIM FILE: COMMUNICATIONS BETWEEN ADJUSTER AND IN HOUSE COUNSEL: ATTORNEY-CLIENT PRIVILEGE; APPEALS: CERTIORARI

LaCaretta Restaurant v. Zepeda, ___ So. 3d ___, 38 Fla. L. Weekly D1385 (Fla. 1st DCA June 24, 2013)

Notes in an electronic claim file memorializing (1) a meeting between a worker’s compensation adjuster and in-house counsel, and (2) an entry made by in-house counsel, were protected by the attorney-client privilege.  As a result, the appellate court granted the … Click To Read Full Case Law Review...

WORKER’S COMPENSATION: CIVIL PROCEDURE: SUMMARY JUDGMENT BASED ON RES JUDICATA REVERSED WHERE CLAIMANT SOUGHT SAME BENEFIT IN TWO PETITIONS BASED UPON DIFFERENT PRESCRIPTIONS FROM HER DOCTOR

Smith v. Time Customer Services, ___ So. 3d ___, 38 Fla. L. Weekly D246 (Fla. 1st DCA January 31, 2013)

In 2011, the employee filed a petition for a specific mattress and base prescribed by her doctor in 2010, but she voluntarily dismissed her petition.  In 2012, the employee filed a petition for the same mattress and base based … Click To Read Full Case Law Review...