45 Fla. L. Weekly D843b Appeals — Certiorari — Discovery orders — Blanket order denying without prejudice a motion to compel depositions of 18 witnesses who were alleged to be material and contemporaneously granting protective order, without addressing materiality of any of the deponents or finding good cause to preclude depositions, constituted departure from essential […]
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Workers’ compensation — Permanent total disability — Attorney’s fees — Applicable version of section 440.15(1) requiring claimant to prove she suffered “catastrophic injury” to be entitled to PTD benefits — Claimant retiring before reaching maximum medical improvement — Judge of compensation claims erred in denying claimant PTD benefits based on claimant’s retirement date as well as claimant’s age and disability status at the time — Relevant date for determining whether a claimant qualifies for PTD is the date of either MMI or at the expiration of entitlement to temporary benefits, whichever occurs first — JCC erroneously determined that claimant’s retirement severed the causal connection and, for entitlement to PTD benefits post-retirement, claimant had the burden to re-establish causation between the compensable injuries and her inability to return to gainful employment, and to establish that the compensable injuries had deteriorated to such a degree after retirement that she was now disabled — Because claimant was disabled based on five-step analysis used to establish catastrophic injury under controlling statute on the date on which all TTD benefits were exhausted, and remained so on date she reached MMI, the burden shifted to employer/carrier to offer conclusive proof of substantial earning capacity — Remand for entry of order finding claimant entitled to PTD benefits
45 Fla. L. Weekly D886a Workers’ compensation — Permanent total disability — Attorney’s fees — Applicable version of section 440.15(1) requiring claimant to prove she suffered “catastrophic injury” to be entitled to PTD benefits — Claimant retiring before reaching maximum medical improvement — Judge of compensation claims erred in denying claimant PTD benefits based on […]
Wrongful death — Automobile accident — Judges — Disqualification — Bias — Claim for punitive damages against defendant who was talking on cell phone at time he ran red light and caused accident — Comments by trial judge showing judge’s predisposition that cell phone use while driving, even if legal, is dangerous and should not be allowed would create fear in a reasonable person that defendant would not receive a fair trial — Judge’s comments tended to not only show disdain for defendant’s legal position but for defendant’s lack of a policy prohibiting cell phone use while driving
45 Fla. L. Weekly D819a Wrongful death — Automobile accident — Judges — Disqualification — Bias — Claim for punitive damages against defendant who was talking on cell phone at time he ran red light and caused accident — Comments by trial judge showing judge’s predisposition that cell phone use while driving, even if legal, […]
Judges — Bias — Costs — Judge’s alleged bias did not constitute fundamental error where allegedly biased comments arose after trial court had heard argument and reviewed contracts involved in case — A trial judge may form mental impressions and opinions during the course of hearing evidence — Order on costs reversed where trial court did not itemize those recoverable costs pursuant to the Uniform Guidelines on Taxation of Costs
45 Fla. L. Weekly D806a Judges — Bias — Costs — Judge’s alleged bias did not constitute fundamental error where allegedly biased comments arose after trial court had heard argument and reviewed contracts involved in case — A trial judge may form mental impressions and opinions during the course of hearing evidence — Order on […]
Florida Bar — Rules — Amendment — Covid-19 emergency measures — More streamlined response to impact ongoing public health crisis is having on regulation of The Florida Bar — Recognition that Chief Justice is authorized to institute mitigating measures that are necessary to respond to public health emergencies or other emergency situations that may impact The Florida Bar’s and the various Bar participants’ ability to meet procedural requirements of the Bar Rules
45 Fla. L. Weekly S123a Florida Bar — Rules — Amendment — Covid-19 emergency measures — More streamlined response to impact ongoing public health crisis is having on regulation of The Florida Bar — Recognition that Chief Justice is authorized to institute mitigating measures that are necessary to respond to public health emergencies or other […]