APRIL CASE LAW REVIEW

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In the April issue of MKRS Law’s Case Law Updates, we review the following:

Hamm v. PMI Employee Leasing and Comprehensive Insurance Solutions
Case 1D13-4895, 1st DCA 2014

Take Away – An E/C essentially has to deny a benefit in order to get something in front of the JCC. This is also illustrated in cases where a Judge will deny a carrier’s request for an IME when there is no Petition, because there is no “dispute” pending in those cases, in order to get an IME, the carrier would have to deny something first and then hope that the Claimant filed a Petition for Benefits, thereby creating jurisdiction for the JCC.

Southeast Milk/Zurich v. Fisher
Case 1D13-4411, 1st DCA 2014

Take-Away – Temporary partial disability benefits are not payable when a claimant is terminated for misconduct as defined in 440.02(18), as long as the defense is raised in a timely manner.

Cabrera v. Outdoor Empire Inc. and FCCI Insurance Co.
Case 1D13-5235, 1st DCA 2014

Take Away – Make sure all your “I’s” are dotted and your “t’s” crossed in the settlement agreement. Being as detailed as possible in the settlement agreement can help avoid headaches down the road if the Claimant tries to back out of the settlement.

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