Linda Wagner Farrell on Workplace Injury

Judge of Compensation Claims Abused His Discretion in Denying a Motion to Continue a Final Hearing When the Reasoning Behind the...

Miami Donuts Payroll d/b/a Dunkin Donuts and Liberty Mutual v. Claudia Villarreal, Fla. 1st DCA, No.: 23-0789, November 6, 2024 - The claimant, a cashier, was shocked while plugging in a register at work. She later developed...more

1/30/2025 / Appeals , Appellate Courts , Compensation & Benefits , Employer Liability Issues , Evidence , Medical Examinations , Workers' Compensation Claim , Workers’ Compensation , Workplace Injury

Top 10 Developments in Florida Workers’ Compensation in 2024

1. As the employer/carrier was not able to overcome presumption, a firefighter’s COVID-19, requiring heart transplant, was found to be work-related. Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden,...more

12/30/2024 / Bodily Injury , Compensation & Benefits , Coronavirus/COVID-19 , Disability , Medical Benefits , Medical Expenses , Occupational Exposure , Workers' Compensation Claim , Workers’ Compensation , Workplace Injury

A Pending Petition for Fees and Costs Only Does Not Toll Statute of Limitations, Nor Does Payment of Attorney’s Fees and/or Costs,...

American Airlines Group; American Airlines and Sedgwick CMS v. Alejandro Lopez, DCA#: 23-0379; May 22, 2024 - This claim involved a compensable accident date of August 8, 2019, where the employer/carrier provided benefits....more

10/14/2024 / Attorney's Fees , Compensation & Benefits , Statute of Limitations , Workers' Compensation Claim , Workplace Injury

Reporting an Injury via a Petition for Benefits Within 30 Days of the Alleged Accident Does Not Fulfill the Notice Requirement

Robert Jorden Bressler v. Florida School Board Assn and Hartford Underwriters Ins. Co., No. 1D2022-4145, Apr. 11, 2024 - The claimant, a senior claims adjuster, worked remotely in Orlando and once a quarter went to...more

7/31/2024 / Bike Accidents , Cross Examination , Depositions , Disability Benefits , Medical History , Notice Requirements , Physicians , Workplace Injury

The 120-Day Rule Does Not Apply if the Employer/Carrier Only Accepted Compensability and Provided Treatment for a Temporary...

Verilyn Lunsford v. Hospital Housekeeping Systems Inc. and Corvel Corporation, OJCC# 21-028027, St. Petersburg District, JCC Moneyham, Decision Date: Nov. 30, 2023 - The claimant requested compensability, evaluation and...more

6/6/2024 / Compensation & Benefits , Partial Disability , Temporary Total Disability , Workers' Compensation Claim , Workplace Injury

Claimant Attorney’s Appeal of Judge of Compensation Claims’ Order Denying a Statutory Fee on Settlement Overturned by First...

Michael D. Rudolph, Appellant v. Darien Smith, The Home Depot U.S.A., Inc., and Liberty Mutual Insurance Company, Appellees; 1st District Court of Appeal; No. 1D2022-1627; Decision date: Jan. 24, 2024 - This case involves a...more

5/15/2024 / Attorney's Fees , Compensation , Workers' Compensation Claim , Workplace Injury

Judges of Compensation Claims Have the Authority to Take a Flexible and Holistic Approach to Permanent Total Disability Claims as...

Gulf Management, Inc. and Gallagher Bassett Services, Inc. v. Talmadge Wall, DCA#: 20-2037; JCC: Massey; Decision date: Nov. 29, 2023 - The employer/carrier in this matter appealed the judge of compensation claims’ award of...more

4/19/2024 / Disability Benefits , Permanent Disability , Workers' Compensation Claim , Workplace Injury

The Employer/Carrier Was Unable to Overcome Presumption, and COVID-19 Found to Be Work-related for Firefighter, Requiring Heart...

Seminole County, Florida and Johns Eastern Company, Inc. v. Chad Braden, First District Court of Appeals - DCA#: 21-3530, Decision date: Dec. 13, 2023 - The claimant, a firefighter, was hired in 1993 after passing a...more

3/28/2024 / Coronavirus/COVID-19 , Workers' Compensation Claim , Workplace Injury

Allowing Your Manager to “Pop” Your Back at the End of a Long Shift is Not an Injury That Arose Out of Employment

East Coast Waffles, Inc. d/b/a Waffle House, and Brentwood Management Services, Inc., v. Jonathan L. Haselden, 1st Dist. Court of Appeal; No. 1D21-3745; On appeal from order of the Office of the Judges of Compensation Claims;...more

12/28/2023 / Bodily Injury , Workers’ Compensation , Workplace Injury

Linda Wagner Farrell

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