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

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Archives for September 2016

September 16, 2016 by admin

Workers’ compensation — Judge of compensation claims lacked subject matter jurisdiction to grant employer/servicing agent’s motion to compel claimant to file a verified motion for attorney’s fees and costs where all petitions for benefits had been voluntarily dismissed with no reservation of jurisdiction

41 Fla. L. Weekly D2104aTop of Form Workers’ compensation — Judge of compensation claims lacked subject matter jurisdiction to grant employer/servicing agent’s motion to compel claimant to file a verified motion for attorney’s fees and costs where all petitions for benefits had been voluntarily dismissed with no reservation of jurisdiction LAW OFFICES OF WILLIAM F. Read More »

Filed Under: Articles

September 16, 2016 by admin

Automobile accident — Rear-end collision — Error to grant summary judgment in favor of front driver finding that rear driver’s negligence caused car accident occurring when rear driver hit the back of front driver’s car, where rear driver rebutted rear-end presumption of negligenc

41 Fla. L. Weekly D2068aTop of Form Torts — Automobile accident — Rear-end collision — Error to grant summary judgment in favor of front driver finding that rear driver’s negligence caused car accident occurring when rear driver hit the back of front driver’s car, where rear driver rebutted rear-end presumption of negligence by showing through Read More »

Filed Under: Articles

September 16, 2016 by admin

Insurance — Homeowners — Rescission of policy — Material misrepresentations in application — applicant’s material misrepresentations were properly imputed to co-owner

41 Fla. L. Weekly D2064aTop of Form Insurance — Homeowners — Rescission of policy — Material misrepresentations in application — Loss history — Determination that insured’s misrepresentations on application were material and affected insurer’s decision to issue or renew policy was supported by sufficient evidence, including insured’s admissions during examination under oath and unrebutted testimony Read More »

Filed Under: Articles

September 16, 2016 by admin

Employer-employee relations — Retaliatory discharge for filing workers’ compensation claim — Damages — Award of damages was excessive in light of absence of medical evidence that employer’s conduct caused employee’s medical condition to worsen or caused employee to suffer past or future psychological harm

41 Fla. L. Weekly D2096bop of Form Employer-employee relations — Retaliatory discharge for filing workers’ compensation claim — Damages — Award of damages was excessive in light of absence of medical evidence that employer’s conduct caused employee’s medical condition to worsen or caused employee to suffer past or future psychological harm — Remand for remittitur Read More »

Filed Under: Articles

September 9, 2016 by admin

Torts — Horse bite — Immunity — Defendant stable owner and horse owner were immune from liability under Florida’s Equine Activities Liability Act for horse bite suffered by plaintiff while engaged in equine activity

41 Fla. L. Weekly D2089b   Torts — Horse bite — Immunity — Defendant stable owner and horse owner were immune from liability under Florida’s Equine Activities Liability Act for horse bite suffered by plaintiff while engaged in equine activity — For purpose of statute’s definition of a person who engages in equine activity as Read More »

Filed Under: Articles

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