39 Fla. L. Weekly D793a Workers’ compensation — Permanent total disability — Judge of compensation claims did not err in considering claimant’s psychiatric limitations in assessing claimant’s entitlement to PTD benefits SARASOTA COUNTY SCHOOL BOARD/OPTACOMP, Appellants, v. KATHRYN ROBERSON, Appellee. 1st District. Case No. 1D13-4087. Opinion filed April 16, 2014. An appeal from an order Read More »
Articles
Premises liability: issues of fact as to parties’ knowledge of condition, whether condition was open and obvious, etc., precluded summary judgment
39 Fla. L. Weekly D814b Torts — Premises liability — Failure to maintain premises in reasonably safe condition and to warn of dangerous condition — Action by invitee who was injured when she fell through floor of attic in defendant’s home and landed on garage floor below — Error to enter summary judgment in favor Read More »
Accident report privilege precludes officer from testifying that defendant stated he was the driver of subject vehicle
39 Fla. L. Weekly D794a Criminal law — Felony driving under influence — Evidence — Statements of defendant — Accident report privilege — Officer’s testimony that defendant stated he was driver of crashed vehicle was inadmissible in light of accident report privilege — Error in allowing testimony not harmless, although state introduced other evidence from Read More »
Workers’ Comp: First DCA reverses TPD award on grounds the claimant was terminated for misconduct
39 Fla. L. Weekly D780b Workers’ compensation — Temporary partial disability — Where employer had fired claimant, it was error to award claimant temporary partial disability without determining whether claimant had been discharged for misconduct — Termination for misconduct precludes an award of temporary partial disability benefits SOUTHEAST MILK/ZURICH NORTH AMERICA, Appellants, v. GUY W. Read More »
Standard for determining whether Offer of Judgment / Proposal for Settlement was Made in Good Faith
39 Fla. L. Weekly D731a Attorney’s fees — Insurance — Homeowners — Proposal for settlement — Trial court used incorrect standard in determining whether insurer’s nominal proposal for settlement of insured’s claim for hurricane damage was made in good faith — Rule is that minimal offer can be made in good faith if evidence demonstrates Read More »
