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South Florida Personal Injury Lawyers Blog

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Florida Appeals Court States Evidence Code Applies to Workers’ Compensation Cases

In Perry v. City of St. Petersburg, an employee who was purportedly injured at work filed a workers’ compensation claim. In her request, the woman sought benefits related to the medical care she required following the on-the-job incident. At a hearing on the matter, a Judge of Compensation Claims (“JCC”)…

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Volusia County Correctional Officer May be Entitled to Recover Workers’ Compensation Disability Benefits for Heart Disease

In Scherer v. Volusia County Dept. of Corrections, a Florida correctional officer stopped working after he was diagnosed with a heart condition in late 2009. The officer returned to work in 2010 after he had a defibrillator implanted into his chest. Due to the officer’s deteriorating health, he ultimately retired…

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Equitable Subrogation Question Certified to Florida Supreme Court in Personal Injury Case

In Allstate Insurance Company v. Theodotou, a young man suffered head trauma and other injuries when he was struck by a motorist while riding his scooter in Florida. Following the collision, the boy was treated at a local hospital. Unfortunately, his injuries were apparently made worse as a result of…

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Appeals Court Finds Medical Malpractice Pre-Suit Notice Statutes Do Not Violate Florida Constitution

In Weaver v. Myers, a Florida woman filed a medical malpractice lawsuit against a physician following the death of a loved one without first complying with the pre-suit notice requirements enumerated in Sections 766.106 and 766.1065 of the Florida Statutes. According to the woman, certain 2013 amendments to the law…

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Lakeland Appeals Court Rules Car Accident Defendant Entitled to Legal Fees After Plaintiff Rejects Settlement Offer

In Miley v. Nash, a woman was injured in a Florida automobile collision. Following the accident, the woman filed a personal injury lawsuit against the driver who allegedly caused the crash and the owner of the vehicle in a Florida Court. In addition, her spouse sought damages for his loss…

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Pensacola Court Considers Proposed Evidence in Florida Semi-Truck Accident Case

In Bryan v. Whitfield, a Florida man apparently suffered a traumatic brain injury in a car accident that occurred on Interstate 10 in Santa Rosa County. More than two years after the collision occurred, the man filed a personal injury lawsuit against a tractor-trailer driver and his employer in the…

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Summary Judgment Upheld in South Florida Premises Liability Case

In an unpublished opinion, the 11th Circuit Court of Appeals affirmed an order granting summary judgment to a department store in a premises liability case. According to his complaint, a man supposedly injured his right eye when he walked into a clothing rack that was protruding into an aisle at…

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South Florida Court Dismisses Jones Act Case for Lack of Jurisdiction

In Tarasewicz v. Royal Caribbean Cruises Ltd., a welder and pipefitter who was a Polish national suffered an ischemic stroke while working aboard a cruise ship off the coast of Florida. Although the man was apparently misdiagnosed initially, he was later removed from the ship and treated at a Fort…

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Appeals Court Holds Apportionment Must be Based on Reliable Methods in Florida Workers’ Compensation Case

In Giaimo v. Florida Autosport, Inc., an automobile mechanic was apparently injured when he was struck from behind while test driving a customer’s vehicle in Florida. Due to the man’s resulting neck and back harm, the worker underwent surgery that was performed by an authorized neurosurgeon. Prior to his workplace…

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Florida Appeals Court Addresses Psychiatric Disability in Workers’ Compensation Case

In School Board of Lee County v. Huben, an employee suffered an arm injury at work. Following her workplace harm, the Florida woman sought workers’ compensation benefits. A Judge of Compensation Claims (“JCC”) awarded the worker temporary partial disability, temporary total disability, and other benefits. In addition, the JCC apparently…

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