41 Fla. L. Weekly D453aTop of Form Workers’ compensation — Expert medical advisor — Judge of compensation claims erred in failing to appoint an expert medical advisor where the opinions of two physicians disagreed as to claimant’s permanent impairment rating — JCC erred in finding that no disagreement existed because one physician’s opinion had an Read More »

41 Fla. L. Weekly D454aTop of Form Workers’ compensation — Compensable accidents — Heart disease — Presumption of compensability — Law enforcement officers — “Triggering” of claimant’s congenital slow accessory pathway which manifested as supra ventricular tachycardia — In finding that the presumption of compensability had been overcome, judge of compensation claims erroneously concluded that Read More »

41 Fla. L. Weekly S62aTop of Form Insurance — Uninsured motorist — Bad faith — Insured is entitled to a determination of liability and full extent of damages in UM action before filing a first-party bad faith action — Determination of damages in UM action is binding, as an element of damages, in a subsequent Read More »

26 Fla. L. Weekly Fed. D6aTop of Form Insurance — Underinsured motorist — Bad faith — Jurisdiction — Removal — Remand to state court — Removal of insured’s state court lawsuit against the insurer for underinsured motorist benefits after insured amended the complaint to add a claim for statutory bad faith pursuant to Florida law Read More »

41 Fla. L. Weekly D424d of Form Wrongful death — Medicaid lien on wrongful death settlement — Trial court properly apportioned settlement amount based on formula in Florida’s Medicaid Third-Party Liability Act — Federal Medicaid Act’s anti-lien provision does not preempt Florida’s Medicaid Third-Party Liability Act where a Medicaid lien is imposed on a wrongful Read More »