Appellate Procedure

Considering the results of my first appeal were less than celebratory, I am happy to write my second appeal. . . and first win!  You can view the case, MedPartners/SRS v. Zenith here.

The issue was a contribution claim between two Carriers with the same Employer spanning two dates of accidents.  I represented the Carrier of the first accident (Carrier #1).  The Carrier of the second accident (Carrier #2) sued us for contribution, claiming that all of the medical care for the second accident was wholly related to the first accident. 

My defense was the Statute of Limitations; that it ran against Claimant and therefore prevented Carrier #2 from seeking contribution against Carrier #1. 

(More after the jump.) (more…)

As many of you know, I bravely swung for the fences on my first appeal and oral argument in front of the First DCA, and came up with nothing but air.   The Court per curium affirmed the JCC’s order. 

But, for your amusement, here is video evidence of those arguments.   I kid about the amusement part.  I am very proud of my performance and honored to have had the opportunity of appearing before such a respected court. 

You can view the oral arguments of Yaska L. Martinez, Inc. v. Oscar Chaverri here.

Per a recent post, I just completed my first oral argument on a recent appeal in front of the First DCA.  As I predicted, the Court affirmed the JCC’s opinion, per curium, meaning they disagreed with my argument but did not offer a written opinion as to why.  

Which is. . . ok, I guess. 

While I would love to read their reasoning for the affirmed order, I understand the decison to not write an opinion.  The facts of the case were complex and this appeal was not the best one to address the issue of unauthorized physician testimony, a rule that is firmly established in both statute and case law.

But, I think it is important to use this PCA as an opportunity to discuss the issue of unauthorized physician testimony since it is becoming an increasing issue in more and more of my cases. (more…)

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