42 Fla. L. Weekly D1354aTop of Form Workers’ compensation — Temporary partial disability — Misrepresentation — Competent, substantial evidence supported judge of compensation claims’ conclusion that claimant did not make intentional misrepresentations for purpose of obtaining workers’ compensation benefits — Determination that workplace injury was major contributing cause of claimant’s disability and need for medical […]
Archives for June 2017
Workers’ compensation — Judge of compensation claims departed from essential requirements of law by granting employer/carrier’s motion to compel claimant to attend functional capacity evaluation — Because FCE contemplated would compel claimant to undergo physical endurance tests, claimant has shown material injury that cannot be remedied on appeal
42 Fla. L. Weekly D1331aTop of Form Workers’ compensation — Judge of compensation claims departed from essential requirements of law by granting employer/carrier’s motion to compel claimant to attend functional capacity evaluation — Because FCE contemplated would compel claimant to undergo physical endurance tests, claimant has shown material injury that cannot be remedied on appeal […]
Torts — Automobile accident — Leased vehicles — Trial court did not err in instructing jury that lessee of vehicle would not be liable if driver’s use of the leased vehicle exceeded any express or implied consent and amounted to a species of theft or conversion
42 Fla. L. Weekly D1307aTop of Form Torts — Automobile accident — Leased vehicles — Trial court did not err in instructing jury that lessee of vehicle would not be liable if driver’s use of the leased vehicle exceeded any express or implied consent and amounted to a species of theft or conversion — Instruction […]
Costs — Trial court erred in including in costs awarded to prevailing party the cost of digital video editing and fees for six experts — Plaintiff failed to show video editing was reasonably necessary to prosecute the action and failed to offer any testimony in support of request for expert witness fees, even in face of opposing party’s objections
42 Fla. L. Weekly D1234aTop of Form Costs — Trial court erred in including in costs awarded to prevailing party the cost of digital video editing and fees for six experts — Plaintiff failed to show video editing was reasonably necessary to prosecute the action and failed to offer any testimony in support of request […]
Torts — Punitive damages — Discovery — Trial court departed from essential requirements of law by construing section 768.73(2), governing successive awards of punitive damages, as permitting discovery of the amount of punitive damages defendants actually paid in post-judgment settlement of unrelated case — Statute speaks only in terms of prior punitive damage “award,” not amount actually paid
42 Fla. L. Weekly D1311aTop of Form Torts — Punitive damages — Discovery — Trial court departed from essential requirements of law by construing section 768.73(2), governing successive awards of punitive damages, as permitting discovery of the amount of punitive damages defendants actually paid in post-judgment settlement of unrelated case — Statute speaks only in […]