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Could Drowsy Security Guard Recover Benefits after Falling Asleep at Wheel?
January 6, 2026 What Do You Think? Employers may have to provide workers’ compensation benefits when an employee is injured while driving for the company. But is that also true when an employee is injured solely because he was tired and fell asleep at the wheel? A case involving an ADT patrol officer addresses that question. The patrol officer fell asleep while responding to a call. He hit a car in front of him, causing the airbags to deploy. He sought workers’ compensation b
Jan 6
Could Carrier Deny Claim of Foreman who Fell Twice on Same Day?
January 3, 2026 What Do You Think? A carrier or employer may be able to issue a “back-up denial” of a claim it has already accepted if it turns out that it was misled by the claimant. A case involving a foreman who fell from a ladder at work, and from his son’s roof, on the same day – but only reported one of the falls – illustrates what it might take for a carrier or employer to revoke its acceptance of a claim. They say lightning rarely strikes twice. Falls, however, someti
Jan 2
District Court Holds that Daubert Evidentiary Challenges Do Not Apply to Expert Medical Opinions under Florida’s Workers’ Compensation Act
December 2, 2025 Sedgwick Claims Mgmt. Services v. Thompson, Fla. 1st DCA, No. 1D2023-0193, Sept. 3, 2025 In this matter of first impression, Florida’s First District Court of Appeal addressed whether Florida Statutes Section 440.25(4)(d) precludes Daubert challenges to Expert Medical Advisor (EMA) opinions. Put simply, Daubert requires that expert opinions result from an analysis of reliable facts, use of reliable principles and methods, and reliable application of those
Dec 2, 2025
Steak ‘N Shake, Inc., Appellant, v. Amber Nicole Spears and Eric Spears, Appellees. (2025)
June 13, 2025 Michael M. Brownlee and Stacy Ford, of Brownlee Law Firm, P.A., and Terry E. Leach, of Walker, Revels, Greninger, PLLC,...
Jun 12, 2025
Construction Worker Sues Employer Direct Express Construction for Negligence and Retaliation
August 22, 2024 A construction worker has filed a lawsuit against his former employer, alleging negligence and unlawful employment...
Aug 21, 2024
Reporting an Injury via a Petition for Benefits Within 30 Days of the Alleged Accident Does Not Fulfill the Notice Requirement
July 31, 2024 Robert Jorden Bressler v. Florida School Board Assn and Hartford Underwriters Ins. Co., No. 1D2022-4145, Apr. 11, 2024 The...
Jul 30, 2024
Employer entitled to comp reimbursement in third-party settlement
July 15, 2024 A Florida appellate court ruled Friday that an employer should have been entitled to fully collect on its workers...
Jul 23, 2024
Florida workers’ comp fight goes to appeals court
April 10, 2023 — Workers’ compensation insurance companies have gone to an appeals court after an administrative law judge last month...
Apr 9, 2023
Appellate Court Defines 'Specialty' in Workers' Comp Law Governing One-Time Physician Changes
A state appeals court has clarified the meaning of “specialty” for the purposes of one-time physician changes under the state’s Workers’...
Dec 7, 2022
Worker’s claim untimely, unsupported by evidence: Court
The Court of Appeal for the 1st District of Florida ruled that a worker’s claim for benefits for an alleged injury to his neck and back...
Oct 16, 2022
"Going and Coming" Rule Gets a Little More Focused, Florida Court Decides
A Florida appeals court has put a fine point on the still-evolving “going and coming rule” in workers’ compensation law. The 1st District...
Aug 29, 2022
Builder ruled responsible for safety violations as controlling employer
A construction company was a controlling employer of a construction worksite found to have safety violations, an administrative law judge...
Jul 11, 2019
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