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Tolling the Statute of Limitations After Voluntarily Dismissing a Petition for Benefits (PFB) Murphy v. Polk County Board of County Commissioners
September 3, 2025 On September 3, 2025, the First District Court of Appeal of Florida, in Murphy v. Polk County Board of County Commissioners , ruled that the statute of limitation related to an employee's initial PFB is not tolled where the employee voluntarily dismissed the PFB before adjudication, but asserts that a demand for attorney fees remains a pending issue. In January 2017, an employee filed a PFB for an injury that occurred the prior year. The employee subsequentl
Sep 3, 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 13, 2025


Calculation of a WC Insurer's Lien Amount - Liberty Mutual Insurance Co. v. Lee - February 7, 2025
February 7, 2025 The Sixth District Court of Appeal of Florida ruled that the calculation of a WC insurer's lien amount should be based on the entire amount of the WC benefits paid through the date of the equitable distribution. In this case, a claimant settled a negligence claim against a third-party tortfeasor and sought to limit the WC insurer's lien to the amount of benefits paid up to the date of the settlement and not the later date of the equitable distribution. The co
Feb 7, 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 22, 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 31, 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 24, 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 10, 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 17, 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


Appeals court: Marine Max can't be forced to overpay for workers' comp claims, but can't
A Florida appeals court ruled March 7 a possible payment dispute can’t force a workers’ compensation claimant to change doctors. But,...
Mar 8, 2019
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