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

Archives for December 2017

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Torts — Duty of care — Action against owner of gas station which lobbied local county government to create a cut in median to allow access to its property by plaintiff who was injured when a motorist traveled through the cut in the median to make a left-hand turn into plaintiff’s lane of traffic — Trial court properly dismissed claim based on defendant’s lobbying to have cut created in median, as defendant owed no duty to plaintiff in petitioning government to make road improvements outside defendant’s property– Trial court erred in dismissing claim that defendant painted driveway markings on its property that encouraged drivers to turn left out of its property when it knew or should have known that such turns presented an unreasonable danger

43 Fla. L. Weekly D47aTop of Form Torts — Duty of care — Action against owner of gas station which lobbied local county government to create a cut in median to allow access to its property by plaintiff who was injured when a motorist traveled through the cut in the median to make a left-hand Read More »

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Civil rights — Employment discrimination — Disparate treatment — Action by Equal Employment Opportunity Commission on behalf of black job applicant whose offer of employment was rescinded pursuant to employer’s race-neutral grooming policy when applicant refused to cut off her dreadlocks

26 Fla. L. Weekly Fed. C1058aTop of Form Civil rights — Employment discrimination — Disparate treatment — Action by Equal Employment Opportunity Commission on behalf of black job applicant whose offer of employment was rescinded pursuant to employer’s race-neutral grooming policy when applicant refused to cut off her dreadlocks — EEOC’s original and proposed amended Read More »

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Workers’ compensation — Attorney’s fees — Trial court lacks jurisdiction to review portion of order entered by judge of compensation claims following remand from appellate court finding claimant entitled to attorney’s fees for defeating fraud defense asserted by e/c where JCC reserved jurisdiction to determine amount of fees

43 Fla. L. Weekly D26aTop of Form Workers’ compensation — Attorney’s fees — Trial court lacks jurisdiction to review portion of order entered by judge of compensation claims following remand from appellate court finding claimant entitled to attorney’s fees for defeating fraud defense asserted by e/c where JCC reserved jurisdiction to determine amount of fees Read More »

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Attorney’s fees — Proposal for settlement — Trial court did not err in finding that service requirements of Rule 2.516 do not apply to proposals for settlement — Conflict certified

43 Fla. L. Weekly D22cop of Form Attorney’s fees — Proposal for settlement — Trial court did not err in finding that service requirements of Rule 2.516 do not apply to proposals for settlement — Conflict certified OLDCASTLE SOUTHERN GROUP, INC., A GEORGIA CORPORATION, Appellant, v. RAILWORKS TRACK SYSTEMS, INC., A NEVADA CORPORATION AUTHORIZED TO Read More »

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Workers’ compensation — Medical benefits — Total knee replacement — Major contributing cause — Judge of compensation claims erred in awarding compensability of total knee replacement and related attorney’s fees and costs after finding that employer/carrier was barred as matter of law from raising defense that compensable accident was not major contributing cause for surgery and after finding that, pursuant to 120-day rule, e/c waived right to deny compensability of preexisting arthritic condition — Claimant’s preexisting osteoarthritis was a qualifying preexisting condition under section 440.09(1)(b),

42 Fla. L. Weekly D2663aTop of Form Workers’ compensation — Medical benefits — Total knee replacement — Major contributing cause — Judge of compensation claims erred in awarding compensability of total knee replacement and related attorney’s fees and costs after finding that employer/carrier was barred as matter of law from raising defense that compensable accident Read More »