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Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

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December 10, 2019 by Jennifer Kennedy

Tractor-trailer owned by defendant PAM Transport Inc. (“PAM”) and driven by its employee defenda...

2019 WL 4962954 Only the Westlaw citation is currently available. United States District Court, S.D. Illinois. Diego MILLER, Warlley Soars, and Warley Santiago, Plaintiffs, v. PAM TRANSPORT INC. and James Oliver Dotson, Defendants. Case No. 19-cv-242-JPG-GCS Signed 10/08/2019 MEMORANDUM AND ORDER J. PHIL GILBERT, DISTRICT JUDGE *1 This case arose after a tractor-trailer owned by defendant […]

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December 10, 2019 by Jennifer Kennedy

Torts — Negligence — Independent contractor — Safe operation of vehicle — No...

44 Fla. L. Weekly D2884a Torts — Negligence — Independent contractor — Safe operation of vehicle — Nondelegable duty — Action arising from incident where a tire from one of defendant’s trailers, which independent contractor was responsible for inspecting and installing after a fire, detached and collided with a vehicle transporting plaintiff — Trial court […]

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December 10, 2019 by Jennifer Kennedy

Workers’ compensation — Compensable accidents — Exposure to toxic substance —...

44 Fla. L. Weekly D2877a Workers’ compensation — Compensable accidents — Exposure to toxic substance — Fungus — Causation — Burden of proof — Order finding that employee’s death resulted from workplace exposure to toxic fungus is reversed — Judge of compensation claims erroneously determined that the heightened standard for toxic exposure under section 440.02(1) […]

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December 10, 2019 by Jennifer Kennedy

Workers’ compensation — Compensable accidents — Exposure to toxic substance —...

44 Fla. L. Weekly D2874a Workers’ compensation — Compensable accidents — Exposure to toxic substance — Fungus — Causation — Burden of proof — Order finding that employee’s injuries resulted from workplace exposure to toxic fungus is reversed — Judge of compensation claims erred in applying alternative theory of prolonged exposure to determine that claimant […]

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December 10, 2019 by Jennifer Kennedy

Insurance — Homeowners — Appraisal — Trial court applied incorrect standard in det...

44 Fla. L. Weekly D2858a Insurance — Homeowners — Appraisal — Trial court applied incorrect standard in determining whether insurer waived its right to appraisal by mistakenly concluding that an insurer could not invoke appraisal until coverage was determined — While an insured cannot seek appraisal until coverage is determined, an insurer may invoke appraisal […]

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