41 Fla. L. Weekly D358aTop of Form Workers’ compensation — Medical benefits — Judge of compensation claims utilized incorrect legal standard in determining that claimant was entitled to diagnostic evaluation of cervical spine four years after accident in which claimant sustained compensable shoulder injury — JCC improperly conflated claimant’s burden to prove entitlement to an Read More »

41 Fla. L. Weekly D349aTop of Form Insurance — Homeowners — Post-loss assignment of benefits — Trial court erred in finding that insured was precluded from assigning benefits of homeowners policy to emergency water mitigation company without consent of insurer — Language of policy merely prohibited insured’s unilateral assignment of the entire policy, not a Read More »

41 Fla. L. Weekly D352b Top of Form Insurance — Discovery — Trial court departed from essential requirements of law in ordering disclosure of insurer’s claims file and related materials prior to any coverage determination THE DOCTORS COMPANY, Petitioner, v. JAMES RANDALL THOMAS a/k/a Randy Thomas, as Personal Representative of the Estate of Mildred Thomas, Read More »

25 Fla. L. Weekly Fed. D285a Labor relations — Fair Labor Standards Act — Overtime — Former hourly-paid, full-time paralegals, on behalf of themselves and other similarly situated employees who were not paid overtime wages, filed complaint against employer law firm for violations of FLSA, unjust enrichment, and violations of Florida Whistleblower’s Act — Unjust Read More »

41 Fla. L. Weekly D327aTop of Form Appeals — Attorney misconduct at trial — Preservation of issue — Where party made contemporaneous objection to a clearly improper question posed at trial by opposing counsel, objection was sustained, question was stricken from record, and jury was instructed to disregard the question, party was required to contemporaneously Read More »