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

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Workers’ compensation — Medical benefits — Compensable accident — Major contributing cause — Break in causation — Judge of compensation claims erred in denying claims for medical care for claimant’s lumbar spine based on conclusion that claimant did not satisfy his burden of showing that workplace accident was MCC of the need for the requested treatment — Claimant was not required to establish MCC because the employer/servicing agent entered into a broad stipulation with claimant that did not define the accepted compensable injury any more narrowly than the lumbar spine — As a result of stipulation, the burden shifted to the e/sa to demonstrate a break in causation, and e/sa failed to provide evidence of any intervening or competing cause — JCC need not make findings on medical necessity on remand where evidence of medical necessity was unrefuted

45 Fla. L. Weekly D2440a JULIO SANCHEZ, Appellant, v. YRC, INC. and SEDGWICK, Appellees. 1st District. Case No. 1D19-4231. October 28, 2020. On appeal from an order of the Judge of Compensation Claims. Walter J. Havers, Judge. Date of Accident: April 21, 2004. Counsel: Amie E. DeGuzman of the Law Office of John J. Rahaim […]

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Workers’ compensation — Jurisdiction — Appeals — Judge of compensation claims correctly found that he lacked jurisdiction over petition for benefits because the claimed benefits were the same attendant care benefits that JCC awarded in a prior final order currently on appeal and cross-appeal

45 Fla. L. Weekly D2396a SALATIEL VELAZQUEZ HERNANDEZ, Petitioner, v. J. STERLING QUALITY ROOFING, INC., d/b/a STERLING ROOFING/SUMMIT, Respondent. 1st District. Case No. 1D20-1208. October 21, 2020. Petition for Writ of Certiorari — Original Jurisdiction. Date of Accident: July 20, 2017. Counsel: James Richard Parris of Parris & Papa, P.A., Jacksonville, and Wendy S. Loquasto […]

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Torts — Vicarious liability — Agency — Franchise relationship — Jury instructions — Standard instruction on agency — Refusal to give requested instruction

45 Fla. L. Weekly D2399a DOMINO’S PIZZA, LLC, Appellant, v. YVONNE WIEDERHOLD, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RICHARD E. WIEDERHOLD, DECEASED, Appellee. 5th District. Case No. 5D19-2343. October 23, 2020. Appeal from the Circuit Court for Orange County, Renee A. Roche, Judge. Counsel: Dinah S. Stein and Mark Hicks, of Hicks, Porter, Ebenfeld […]

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Insurance — Homeowners — Post-loss obligations — Proof of loss — Trial court erred in granting summary judgment in favor of insurer on ground that insureds failed to submit compliant sworn proof of loss where disputed issue of fact existed as to whether insureds substantially complied with their post-loss obligations once insurer acknowledged coverage or whether they totally failed to comply

45 Fla. L. Weekly D2391a WALTER GONZALEZ and YASMIN GONZALEZ, Appellants, v. PEOPLE’S TRUST INSURANCE COMPANY, Appellee. 3rd District. Case No. 3D19-646. L.T. Case No. 18-7894. October 21, 2020. An Appeal from the Circuit Court for Miami-Dade County, Mavel Ruiz, Judge. Counsel: Mintz Truppman, P.A., and Timothy H. Crutchfield, for appellants. Cole, Scott & Kissane, […]

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Insurance — Bad faith — Conditions precedent — Civil remedy notice — Notice filed against incorrect entity — Waiver — Trial court erred in dismissing insured’s complaint for bad faith with prejudice based on finding that insured’s civil remedy notice was ineffective as a matter of law because insurer was misidentified — Although trial court was correct in finding that the misidentification failed to strictly comply with section 624.155(3), insurer had waived the argument by not raising the misidentification in its response to the civil remedy notice

45 Fla. L. Weekly D2380a CARLA BAY, Appellant, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellee. 4th District. Case No. 4D19-3332. October 21, 2020. Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Robinson, Judge; L.T. Case No. CACE18-023962. Counsel: George A. Vaka and Nancy A. Lauten of Vaka Law Group, Tampa, […]

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