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

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Archives for February 2017

February 17, 2017 by admin

Workers’ compensation — Evidence — Judge of compensation claims erred in excluding deposition of employer/carrier’s adjuster on basis that deposition was taken within 10 days of final hearing in violation of administrative rule — In excluding deposition, JCC did not correctly consider prejudice

42 Fla. L. Weekly D426bTop of Form Workers’ compensation — Evidence — Judge of compensation claims erred in excluding deposition of employer/carrier’s adjuster on basis that deposition was taken within 10 days of final hearing in violation of administrative rule — In excluding deposition, JCC did not correctly consider prejudice — JCC should have considered Read More »

Filed Under: Articles

February 17, 2017 by admin

Wrongful death — Medical malpractice — Punitive damages — Trial court departed from essential requirements of law by granting motion to amend complaint to assert claim for punitive damages where plaintiff did not attach a copy of the proposed amendment to the motion — Court also departed from essential requirements of law by overruling defendants’ objections and permitting plaintiff to make inappropriate oral proffers

42 Fla. L. Weekly D360aTop of Form Wrongful death — Medical malpractice — Punitive damages — Trial court departed from essential requirements of law by granting motion to amend complaint to assert claim for punitive damages where plaintiff did not attach a copy of the proposed amendment to the motion — Court also departed from Read More »

Filed Under: Articles

February 17, 2017 by admin

Workers’ compensation — Evidence — Rather than excluding opinion of expert medical advisor, judge of compensation claims should have admitted the opinion into evidence without attributing to it the presumption of correctness

42 Fla. L. Weekly D351bop of Form Workers’ compensation — Evidence — Rather than excluding opinion of expert medical advisor, judge of compensation claims should have admitted the opinion into evidence without attributing to it the presumption of correctness — Temporary total disability — Judge of compensation claims erred in relying on expert medical advisor Read More »

Filed Under: Articles

February 17, 2017 by admin

Insurance — Automobile liability — Coverage — Trial court erred in determining that there was coverage by operation of estoppel where insured failed to prove prejudice

  42 Fla. L. Weekly D351cTop of Form Insurance — Automobile liability — Coverage — Trial court erred in determining that there was coverage by operation of estoppel where insured failed to prove prejudice PROGRESSIVE EXPRESS INSURANCE COMPANY, Appellant/Cross-Appellee, v. ANZUALDA BROTHERS, INC., a Florida Corporation, JESUS E. MARINO CASTILLO, individually and as an employee Read More »

Filed Under: Articles

February 17, 2017 by admin

Evidence Code — Amendments — Court declines to adopt, to the extent they are procedural, legislative changes to sections 90.702 and 90.704 of the Evidence Code made by the “Daubert Amendment,” which changed the standard of admissibility for scientific expert evidence from Frye standard to Daubert standard and the standard found in Federal Rule of Evidence 702

42 Fla. L. Weekly S179aTop of Form Evidence Code — Amendments — Court declines to adopt, to the extent they are procedural, legislative changes to sections 90.702 and 90.704 of the Evidence Code made by the “Daubert Amendment,” which changed the standard of admissibility for scientific expert evidence from Frye standard to Daubert standard and Read More »

Filed Under: Articles

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