CAN’T TOUCH THIS! JCC has no jurisdiction to affect a §440.211 collective bargaining agreement arbitration determination in any way (language of later-added 440.1926 notwithstanding). Claimant’s efforts/JCC’s Order changing the status quo: thwarted! (Hence the ‘minor’ Landmark designation). SIMS CRANE & EQUIPMENT CO., and BRIDGEFIELD EMPLOYERS INSURANCE COMPANY v. ALEJANDRO PRECIADO, 1st DCA Case No. 1D21-2661, 10/12/22 Holding in a nutshell:Injured …
END OF ‘IRREGULAR WORKPLACE LOCATION’ AND ‘SOME EMPLOYER EQUIPMENT IN THE CAR’ EXCEPTIONS TO ‘GOING AND COMING’ RULE DSK GROUP, INC., and ZURICH AMERICAN INSURANCE COMPANY v. HERNANDEZ, April 27, 2022, Case No. 1D19-2632 Claimant’s counsel: Kimberly A. HillE/C counsel: H. George Kagan Issue. Whether §440.092(2) ‘going or coming’ exclusion precludes compensability of injury “going” …
I am generally reluctant to post as ‘news’ various annual industry recognitions I receive — seems so vain, and you’ve got more important things to read — but this one stands out in my mind, so I am sharing, along with a moment’s reflection. For 2022, my small firm, H. George Kagan, P. A. …
Court drops the other shoe on extremely close “arising out of” cases, paired with the 2/16/22 Silberberg v PBCSB decision; Fall at work with zero material work contribution But also, zero worker contribution, equals… Compensable! “Clumsiness is covered.” Note: Though general applicability of these two cases is limited by their very narrow facts, they justify …
Newly expanded definition of “idiopathic/personal” condition — but applicable to a narrow range of “arising out of” cases STEVEN SILBERBERG v. PALM BEACH COUNTY SCHOOL BOARD, FIRST DISTRICT COURT OF APPEAL, February 16, 2022. Case No. 1D20-75 (JCC Carol J. Stephenson) Subject: “Arising out of work performed in the course and the scope of employment.” …
HGK Semi-Landmark AlertCategory of alert: New case affords important refresher course Subject: Independent contractor injury during argued “construction industry” activity: statutory employee or not?The devil is in the details. Cabrera v. Kablelink Communications, LLC, 1D20-736, 2021 WL 4592086 (Fla. 1st DCA Oct. 6, 2021) [was to become final 10/21/21 but Claimant filed motion for …
Opinion published: one of two pending appeals stemming from the same catastrophic injury claim, this one dealing with extraordinary procedure Claimant invoked toward obtaining alternative appellate relief. This case – and the Court’s opinion – is mainly about tactics and procedure. SALATIEL VELAZQUEZ HERNANDEZ, Petitioner, v. J. STERLING QUALITY ROOFING, INC., d/b/a STERLING ROOFING/SUMMIT, Respondent. …
LET’S ALL – the whole WC industry — give thanks where thanks are due. On behalf of the NWCR I proclaim our deepest appreciation to WCI and the flesh and blood humans behind it for putting on a heck of a show under the most trying circumstances short of a cat 5 storm! As I …
Nothing of course can replace the annual WCI conference but Steve, Jim and the rest of the WCI crew have done an amazing job creating something delicious to whet our appetite until we can all break bread together, live and in person, next year – and I am very proud to be a part of …
In praise of WCI’s FREE 3 day mini-educational forum, August 17th-19th! Read More »
Subject: ‘One time change/5 day’ rule under §440.13(2)(f), Fla. Stat Disruption Factor: Mild – for now – pending Supreme Court construction on Certified Question Upshot: Modification (but not radical change) in construction of E/C’s responsibility to act, for now. Status; Not final till rehearing period expires, but more important: case is certified to the Florida Supreme …
Landmark Case Alert: One time change/5 day rule under §440.13(2)(f), Fla. Stat. Read More »
