January 2011


During the last Workers’ Compensation Convention in Orlando, I learned of a new constitutional test case the Claimant’s bar was appealing that dealt head on with the 7/1/09 changes to the attorney’s fee provision in s. 440.34.

And last week, in the case Kauffman v. Community Inclusions, Inc., both parties presented their case at oral arguments.  However, as with most oral arguments, the First DCA judges determined the focus of the appeal and the direction of the arguments.   You can watch the video here.

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Sorry for the absence, loyal readers.  The holiday season, more appellate work, and the entrance of my first child into the world kept me away.  But, I am back with a brand new First DCA case summary.  Once again, we return to a medical vendor dispute and whether a Claimant even has the right to file a Petition for unpaid authorized medical bills. 

I think we know where this is going. . . (more…)