Imagine two identical situations where two workers are each walking, fall, and sustain an injury. Let’s call these two individuals worker A and worker B. Each worker suffered the fall from an unknown cause. A fall from an unknown cause is generally one where the...
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First DCA
The Claimant’s Burden of Proof; The Causal Connection
A case was decided by the First DCA yesterday that highlights a fundamental concept in Florida workers’ compensation claims: a claimant bears the burden of proof to establish entitlement to benefits and a claimant has the burden to present expert medical evidence...
New Case on Cash Advances in Florida Work Comp Cases
A case came down from the First District Court of Appeal today that clarifies a timeliness issue when it comes to requests for cash advances in Florida Work Comp Cases. We have discussed Cash Advances in Florida Workers’ Compensation Cases in detail in a prior blog...
Florida Workers’ Comp in The Year of the Supreme Court
Christopher Smith had the pleasure of moderating a judicial panel on ethical practices at The Florida Workers’ Comp in the Year of the Supreme Court program presented by Chief Judge Langham and the Office of the Judges of Compensation Claims on Friday, February 6,...
First DCA Clarifies the Two Dismissal Rule
The First DCA issued an opinion recently clarifying the elements necessary for a claim to be subject to the two-dismissal rule applicable to Florida workers’ compensation claims. The two dismissal rule states “a second notice of voluntary dismissal shall operate as an...