Florida Workers’ Compensation Law Blog

This blawg focuses on news, legislative developments, and court decisions arising under the Florida Workers' Compensation Act.

Author: David A. McCranie practices in Orange Park, Fla.

Blawg Related Categories: Labor & Employment • Legislation & Lobbying • States • Florida • Workers Compensation

Recent Posts from Florida Workers’ Compensation Law Blog

Are On-The-Job Injuries Being Underreported?
The U.S. House of Representatives Committee on Education and Labor is investigating that question. And in a majority staff report entitled Hidden Tragedy: Underreporting of Workplace Injuries and Illnesses, the committee answered the question in the…
Attorney Seeks Supreme Court Review of WC Settlement
Speaking of settlements, I've been watching the case of Manzini & Associates, P.A. v. Broward Sheriff''s Office, which I discussed here. That's the case where the claimant, Wimberly, was simultaneously pursuing a workers' compensation claim and…
No Enforceable Settlement Where Attorney Had No Authority to Settle
Munroe v. U.S. Food Service, decided on 6/27/2008, illustrates the risks inherent in "settling" a case at mediation when one party's attorney doesn't have authority to do so. The parties in Munroe went to a mediation conference where they conditionally agreed to settle for $30,000.00. The…
ADA Amendments Pass in House
The ADA Amendments Act of 2008 which I wrote about two days ago passed the U.S. House of Representatives on 6/25/2008 by a vote of 402-17, with 15 members not voting. The Senate will now take up…
Governor Crist Declines to Reappoint JCC Dane
Governor Crist has notified JCC William H. Dane of Jacksonville that he will not be reappointed to a second term. Here's the story from today's edition of The Florida Times-Union. Judge Dane will remain on…
When Are Misstatements "Knowingly" False?
Bologna v. Schlanger, though not a workers' compensation case, is an interesting recent decision from the Fifth District Court of Appeal on the issue of "fraud" which could have some application in the workers' compensation setting. The trial…
Big Changes Afoot for Americans with Disabilities Act
One question I get from clients fairly often is whether an employer is required to continue offering employment to an injured worker following his on-the-job accident. As far as the Florida Workers' Compensation Law is concerned, the…
"Preponderance of the Evidence" Instead of "Competent Substantial Evidence" Standard Applies in Determining Estoppel
Branham v. TMG Staffing, decided on 6/18/2008, is another case involving whether the employer is estopped from asserting the statute of limitations as a defense to a claim where it allegedly failed to mail to…
Employee's "Exposure" Claim Deficient Where No Evidence of Specific Chemical Involved or Level of Exposure
In 2003, the legislature redefined "accident" to make it more difficult to prove that workplace exposures to allegedly harmful substances are compensable under the Florida Workers' Compensation Law. Specifically, §440.02(1) now provides that "[a]n injury or disease…
Functions Transferred to Department of Financial Services
HB 5045 has now been signed by Governor Crist and takes effect on July 1, 2008. See Ch. 2008-133, Laws of Fla. The measure transfers various duties such as resolving overutilizaion disputes and certifying expert medical…