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9/5/2010
Florida Workers' Compensation Immunity
Florida Workers' Compensation immunity...the "employee's" election of remedies and the authority to hire orange pickers are the issues which remand this action back to the trial court for further consideration...Jose Luis Sanchez Vasquez vs. Sorrells' Grove Care et al...Florida District Court of Appeals 2nd District 2D08-4936 2/26/2010 from Circuit Court for DeSoto County... 
Florida Court Grants Defendant's Motion to Dismiss Based on Fraud
The Court granted the defendant's motion to dismiss this claim due to fraud...alleging a $427,974 future wage loss...On appeal it is reversed and remanded for further proceedings as the issue of employment was not established by the findings of the Court...Court of Appeals for the State of Florida 4th District Dany Gilbert vs. Eckert Corp No. 4D08-4025 5/12/2010 from 15th Judicial Circuit of Florida...Palm Beach County No. 502007CA3502XXXXMB...
Mississippi OWC Decision Reversed
When found to be totally disabled...then filing his Mississippi Workers' Compensation claim nearly five years after the injury against his employer for whom the injury occurred , the Court of Appeals reverses the Commission's decision denying benefits to the two year statute of limitations despite 'aggravation's claims having been paid by subsequent employers...Lindsay Logging et al vs. James Terry Watson MS Court of Appeal No. 2009-WC-00364-COA 3/09/2010 from Attala County Circuit Court...
TTD Bendfits Payments
The first payment of TTD benefits shall be payable by the 14th day after the employer/insured has knowledge of the injury...The 14 days is counted on the date of receipt...not the date of the issuance of the payment... Billy Jo Massingfill vs Dunham Price Group...Third Circuit Court of Appeals No. 09-1549 5/5/2010 from OWC District #3 Calcasieu No. 07-02254...
Judge Recuses Himself
This 2003 Mississippi claim is finally dismissed for abandonment despite Hurricane Katrina and Recusal of the trial Judge because the Court did not believe the plaintiff's lawyer was sick and missed deadlines...David Dell vs. BSL, Inc d/b/a Casino Magic...MS Supreme Court No 2009-CA-01068-SCT 6/10/2010 from Hancock County Court...
Don' Fire Your Lawyer
This workers' comp claimant shouldn't have fired her lawyer as she missed several subsequent hearings and finally filed an appeal that simply stated her original version of her injury...not noting any error of the OWC Judge in issuing a Summary Judgment for her employer...Lechia Baker vs. Summit Nursing Home 3rd Circuit Court of Appeals No 09-1007 3/10/2010 from OWC District 2 Alexandria No. 08020580...
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