The Office of The Judges of Compensation Claims and The First District Court of Appeal were busy this past December. With important and noteworthy decisions and opinions, we are happy to provide you with NFN’s Take – an e-newsletter breaking down the latest happenings of the courts and what the team of Neret, Finlay &…

The Office of The Judges of Compensation Claims and The First District Court of Appeal were busy this past October. With important and noteworthy decisions and opinions, we are happy to provide you with NFN’s Take – an e-newsletter breaking down the latest happenings of the courts and what the team of Neret, Finlay &…

JCC found the employee’s July 2, 2016 cardiac arrest and death compensable. Officer Linardos suffered two compensable hypertension events on May 29, 2010 and June 6, 2015 for which he received authorized medical care.  On July 2, 2016 Officer Linardos suffered cardiac arrest and died.  His personal representative filed a claim for death benefits for…

vacation pay

The answer to this question remains unresolved as there is no case from the First District Court of Appeal directly on point under the existing definition of wages.  In this case, the Judge of Compensation Claims found that vacation pay, accumulated on a yearly basis and in this case paid in a lump sum during…

attorney fees

Miami claimant’s attorney sought an attorney fee of $107,905 based on 308.3 hours at $350.00 an hour. The Judge reduced 228.3 hours and only awarded claimant’s attorney 80 hours at $225.00 an hour. NFN’s TAKE: Ask your defense attorney who will testify as the attorney fee expert. You need an expert to testify about entitlement…

The Office of The Judges of Compensation Claims and The First District Court of Appeal were busy this past September. With important and noteworthy decisions and opinions, we are happy to provide you with NFN’s Take – an e-newsletter breaking down the latest happenings of the courts and what the team of Neret, Finlay &…

The answer is No.  The First District Court of Appeal recently issued an Opinion in Boley Centers, Inc./Comp. Options v. William Vines, Case No. 1D14-5869 (November 16, 2015).  The First District Court of Appeal held that the JCC erred when he ordered the E/C to pay the providers and any third party payers for all…

The First District Court of Appeal addressed this issue recently in the case of Edwin Vazquez v. Carlos Romero, et. al., Case No. 1D15-0623 (November 9, 2015).  In that case, the claimant filed a PFB against several employer/carriers, and all of them denied compensability based on no employer/employee relationship.  The claimant then dismissed his PFB…

The First District Court of Appeal recently issued an Opinion dealing with a claimant’s entitled to TTD and PTD after the expiration of the 104 weeks.  In Jose Gomez-Lujano v. Palm Beach Grill-Houston’s Restaurant and Travelers, Case No. 1D15-670 issued on November 19, 2015, the claimant received his 104 weeks of temporary indemnity benefits.  He…

More than one year ago the Florida Supreme Court held Oral Arguments on the case of Marvin Castellanos v. Next Door which challenges the constitutionality of statutory attorney’s fees in workers’ compensation.  After one year no decision, which to me it means that a decision has been written but some Justices are working on dissents…

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