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

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Archives for September 2015

September 18, 2015 by admin

Torts — Damages — Discovery — Under unusual facts of case, certiorari review of order sustaining plaintiff’s objections to defendant’s third-party subpoenas duces tecum is appropriate

40 Fla. L. Weekly D2115aof Form Torts — Damages — Discovery — Under unusual facts of case, certiorari review of order sustaining plaintiff’s objections to defendant’s third-party subpoenas duces tecum is appropriate — Where hospital’s billing supervisor could not explain why two invoices for plaintiff’s hospital care were paid by two separate entities, trial court Read More »

Filed Under: Articles

September 11, 2015 by admin

Workers’ compensation — Judge of compensation claims erred in compelling claimant’s attendance at a psychological evaluation where that issue was not submitted to JCC for determination

40 Fla. L. Weekly D2091a Workers’ compensation — Judge of compensation claims erred in compelling claimant’s attendance at a psychological evaluation where that issue was not submitted to JCC for determination   BENJAMIN GUTIERREZ, Appellant, v. THE PORT ROYAL CLUB, INC., AND FCCI INSURANCE CO., Appellees. 1st District. Case No. 1D15-0002. Opinion filed September 9, Read More »

Filed Under: Articles

September 11, 2015 by admin

Civil procedure — Discovery — Independent medical examination — Non-resident defendant, who had not sought affirmative relief in Florida courts, to appear for an independent medical examination in Florida

40 Fla. L. Weekly D2101bTop of Form Civil procedure — Discovery — Independent medical examination — Trial court departed from essential requirements of law in requiring non-resident defendant, who had not sought affirmative relief in Florida courts, to appear for an independent medical examination in Florida STEPHEN A. BODZIN, an individual, and BODZIN & GOLUB, Read More »

Filed Under: Articles

September 11, 2015 by admin

Torts — Civil procedure — Discovery — Expert witness — Financial and business records — Inconsistencies between deposition responses of defense expert witness and interrogatory answers

40 Fla. L. Weekly D2101aTop of Form Torts — Civil procedure — Discovery — Expert witness — Financial and business records — Inconsistencies between deposition responses of defense expert witness and interrogatory answers provided by defense counsel with respect to percentage of income the expert derived from working as an expert witness and the number Read More »

Filed Under: Articles

September 11, 2015 by admin

Torts — Automobile accident — Insurance — Nonjoinder of insurer in action against insured

40 Fla. L. Weekly D2090aTop of Form Torts — Automobile accident — Insurance — Nonjoinder of insurer in action against insured — Trial court departed from essential requirements of law by refusing to dismiss count against tortfeasor’s insurer alleging breach of contract based on insurer’s alleged presuit agreement with plaintiff to pay policy limits to Read More »

Filed Under: Articles

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