Skip to main content

Perry v Ecolab

This January 13, 2012 1DCA decision overturned Judge Murphy's JCC Decision

The 1DCA ruled that section 440.20(7) controls the payment of penalties and requires that a 20% penalty be paid if the compensation is not paid within seven days after the order is signed as opposed to after order becomes final.

Click here to see the !DCA opinion

Comments

Popular posts from this blog

CESPEDES V YELLOW TRANSPORTATION

This April 24, 2013 1DCA opinion affirmed in part and reversed in part Judge Portuallo's JCC decision. in this case, the claimant argued that the JCC erred by: (1) improperly shifting onto Claimant the burden to prove  the compensable injury was the major contributing cause (MCC) of his disability and need for surgery;  (2) finding  that the medical services at issue did not constitute “emergency care or services,” and that lack of notice to the  Employer/Carrier (E/C)  precluded authorization or payment; and  (3) finding  the opinion testimony from the emergency room physician, Dr. Acebal, is not admissible  pursuant to the “self-help” provisions contained in chapter 440.  The 1DCA reversed on the first two grounds raised and affirmed on the last. As background, the Claimant injured his lower back in 2006.  the Claimant declined surgical treatment, and ...

Williams V City of Orlando

This June 13, 2012 1DCA reversed Judge Condry's JCC decision. The JCC denied compensability of the claimant's hypertension on the ground she failed to establish eligibility to rely on the statutory presumption occupational causation available via section 112.18. The claimant met three of the four requirements of section 112.18: 1    She was a police officer, 2    Her condition resulted in disability, 3    She successfully passed a physical examination upon entering into service. The JCC found that the claimant's essential hypertension did not meet the 4th requirement which indicates that the condition itself be one of those listed in section 112.18: "tuberculosis, heart disease, or hypertension. The claimant was diagnosed with essential hypertension. She introduced unrefuted medical opinion testimony that essential hypertension was the same thing and the same condition as arterial hypertension. In Bivens v. City of ...