The Law Offices of Hernandez, Hicks & Valois

Florida Defense Attorneys

Maria T. Neville, Appellant v. JC Penney Corp., Wellington Green Mall/Chartis Insurance and Chartis

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Maria T. Neville, Appellant v. JC Penney Corp., Wellington Green Mall/Chartis Insurance and Chartis 

Case No: 1D12-5006

 

Dates of injury: May 7, 2008 and May 20, 2009. 

 

The issue in this case was whether the Claimant's attorney is entitled to be paid an attorney fee by the Employer/Carrier (E/C) under section 440.34(3)(b) based on Petitions for Benefits filed on July 20, 2009 and November 17, 2009. 

 

The...

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Section 440.15(2)(a), Florida Statutes (2009), is unconstitutional

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The First District Court of Appeal issued  the following on February 28, 2013:

 

The Court concluded and held that Section 440.15(2)(a), Florida Statutes (2009), is unconstitutional under article I, section 21, of the Florida Constitution as applied to the Claimant and others similarly situated, by limiting him to 104 weeks of temporary disability benefits, despite the fact that he was at that time totally disabled, incapable of engaging in employment, and ineligible for any compensation under Florida's Workers' Compensation law for an indeterminate period.

The Court reversed the JCC's order and remanded with instructions to grant the Claimant additional temporary total disability payments, not to exceed 260 weeks, as would have been provided under the relevant statutory...

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Newick v. Webster Training, 78 So. 3d 108 (Fla. 1st DCA 2012),

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Since 2010, the Bysczynski opinion has been regarded as the seminal case on Major Contributing Cause in Workers' Compensation.  Bysczynski stands for the proposition that claimants with pre-existing conditions caused by occupational accidents, cannot be taken into consideration when conducting a Major Contributing Cause analysis. Recently, Newick v. Webster Training, 78 So. 3d 108 (Fla. 1st DCA 2012), has carved out an exception to the Byscynski rule. The case involves a claimant with a pre-existing condition deriving from two preceding occupational accidents. The Court found that if the pre-existing injuries were not deemed compensable at the pertinent...

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