39 Fla. L. Weekly D1213a Workers’ compensation — Medical benefits — Hindrance-to-recovery doctrine — Judge of compensation claims’ erred in determining that surgical repair of claimant’s left shoulder condition was compensable based on the hindrance-to-recovery doctrine where findings did not establish that the purpose of the left shoulder surgery was to remove a hindrance to […]
Articles
Impact of a defendant’s bankruptcy upon Plaintiff’s recovery in tort action
39 Fla. L. Weekly D1197b Torts — Bankrupt defendant — Where defendant in plaintiff’s negligence action filed for bankruptcy, and bankruptcy court granted plaintiff’s motion for relief from bankruptcy stay in negligence action, modifying automatic stay to permit plaintiff to commence, prosecute, complete, and liquidate through final judgment her claims against defendant for the purpose […]
Insurance — Automobile liability — Nonjoinder of insurers
39 Fla. L. Weekly D1181c Insurance — Automobile liability — Nonjoinder of insurers — Joinder of city’s insurer, prior to entry of judgments, based on an accident involving a city vehicle — Where trial court had previously erred in entering amended final judgments and adding insurer without first determining whether plaintiff met the condition precedent […]
Workers’ Compensation — Determining the date of injury in the repetitive trauma case — last date of exposure to trauma
39 Fla. L. Weekly D1166a Workers’ compensation — Compensable accidents — Repetitive trauma — Judge of compensation claims erred in finding that claim for compensation based on repetitive trauma was forever barred because claimant failed to report injury within thirty days after the date of initial manifestation — Plain language of statute requires that injury […]
Sinkhole — Neutral Evaluation — Trial court erred in failing to stay proceedings pending completion of neutral evaluation
39 Fla. L. Weekly D1159a Insurance — Sinkhole claims — Neutral evaluation — Error to deny stay of action pending neutral evaluation of sinkhole claim — Insurer’s participation in litigation did not constitute waiver of right to stay CITIZENS PROPERTY INSURANCE CORPORATION, a Florida government entity, Petitioner, v. MARILYN AGUIAR BELLAS, Respondent. 2nd District. Case […]
