DOCSLIB.ORG

News & 440 Report

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
News & 440 Report The Florida Bar Workers’ Compensation Section NewsNews && 440440 ReportReport John “Jake” Schickel 2011 recipient of the Frierson-Colling Professionalism Award for demonstrating outstanding leadership and professionalism Volume XXX, No. 2 Winter 2011 News & 440 Report In This Issue Message from the Chair .........................................................................................3 Editor’s Corner ..........................................................................................................4 The NEWS AND Letter to the Editor: ..................................................................................................5 FOUR-FORTY REPORT Letter to the Editor: If It Is To Be, It Must Be Me .................................................6 is published by The Florida Bar Guest Editor’s Comments: Can’t We All Just Get Along? .................................8 Worker’s Compensation Section Looking Back: Remarks by Richard W. Ervin .................................................. 10 The First District Court of Appeal and its Exclusive Appellate Jurisdiction Chair Over Workers’ Compensation Cases ........................................................ 16 Richard Thompson, Sarasota A Defining Moment .............................................................................................. 21 Inadvertent Disclosure of Privileged Material ............................................... 25 Chair-elect Jeffrey Jacobs, South Miami Florida Insurance Commissioner Issues Order with Respect to NCCI’s Workers’ Compensation Rate Filing ........................ 27 Secretary Governor Appoints Two, One Retires, One Moves to Circuit, Jacqueline Blanton Steele, Sarasota and a Final Goodbye ................................................................................... 34 The Florida Bar Foundation: A Cause We Can Share ................................... 36 Treasurer Alan Kalinoski, Orlando Statute of Limitations: Remedial care ............................................................. 38 Signatures sought for Jake Schickel’s Bar Presidential Campaign ........... 39 Immediate Past Chair Attacks on Workers’ Compensation Immunity Increase Both Richard Chait, Miami Workers’ Compensation and Liability Exposures ................................. 40 Have an OCD Worker? ......................................................................................... 47 Editor-in-Chief The Simplicity (or lack thereof) of Changing Physicians ............................ 49 Michael J. Winer, Tampa Reminders for the Effective Advocate .............................................................. 51 Program Administrator Case Law Update .................................................................................................. 55 Arlee J. Colman, Tallahassee Layout Lynn M. Brady, Tallahassee Section Calendar All correspondence and letters to the editor should be addressed to: FEBRUARY 8, 2011 Workers’ Compensation Telephonic Seminar Critical Errors in Trying Your Case Michael J. Winer Tuesday, 12:00 noon – 1:30 p.m. Editor-In-Chief 110 N. 11th St. Fl 2 MARCH 8, 2011 Workers’ Compensation Telephonic Seminar Tampa, FL 33602-4223 Tuesday, 12:00 noon – 1:30 p.m. E-mail: [email protected] APRIL 12, 2001 Workers’ Compensation Telephonic Seminar Tuesday, 12:00 noon – 1:30 p.m. Statements or expressions of opinion or comments appearing herein are those of MAY 19-21, 2011 Section Executive Council Out of State Meeting the editor(s) and contributors and not The Roosevelt, New Orleans of The Florida Bar or the Section. AUGUST 23, 2011 FWIC Conference - Orlando Section Executive Council Meeting and Elections For more details, visit www.flworkerscomp.org. Workers’ Compensation Section 2 News & 440 Report Message from the Chair By Rick Thompson, Esq., Sarasota Greetings. Since my last report The Kauffman case was argued before the court on Jan- to you in the fall, your Executive uary 13, 2011. BF has not been set for oral argument, Council has been very busy. We but it has been briefed. Your Section filed amicus briefs recently conducted our annual in both cases and I would like to take this opportunity meeting in Miami where all of to thank those members of the Executive Council who your committee chairs gave up- worked so hard in writing what I believe to have been dates as to their ongoing work. very good and fair briefs supporting our legislative I am pleased to tell you that the positions, without advocating for either party. Although news was good. a tough task, the mission was accomplished. Your CLE Chair, Dawn Tra- On the legislative front, our lobbyist, Fausto Go- verso, reported that we con- mez, does not anticipate any workers’ compensation tinue to offer our lunchtime tel- legislation to be filed this session which concerns the ephonic seminars with great success. Our upcoming Section. The session begins in March and will run Winter Seminar will be held from February 6, 2011 through April and although no activity is anticipated, to February 11, 2011 in Beaver Creek, Colorado. This with the help of Fausto, we will be prepared to react seminar will provide a varied offering of presentations and provide any needed information to interested encompassing not only workers’ compensation topics, parties should any Bill of interest be filed. We are but also issues that arise in our day-to-day practice. aware that sometimes when no legislative activity is Dawn announced that we have filled our room block anticipated, the worst can happen. at the hotel and we already have received a full slate At our January Executive Council meeting, we held of confirmed participants. Good work, Dawn. an election for a vacancy on the Council created by Jeff Jacobs, Chair of the Workers’ Compensation the appointment of Judge Ray Holley as a Judge Forum Committee, reported that the Forum will be held of Compensation Claims in the Jacksonville District. at the Omni Championsgate resort outside of Orlando I am pleased to announce that Philip Augustine of on April 11 through April 12. All Section members will Maitland was elected to the Council and his term will receive a brochure with registration information in the begin on July 1, 2011. Congratulations to both Judge near future. Last year, the Forum drew 400 attendees Holley and Philip. The council also voted to formally from the Section, the WCCP and the IARP organiza- endorse John “Jake” Schickel for election to the tions. Although the Forum continues to offer an out- office of President of The Florida Bar. Jake is been a standing course book and live presentations by the top long-standing member of the Section, whose contribu- workers’ compensation lawyers in the state, covering tions to the practice of workers’ compensation law and all of the course subjects one would expect from Board our Bar have been invaluable. We wish Jake the best Certification review course, the Forum also offers an of luck in the upcoming election and would ask that outstanding second track covering obscure topics such all Section members consider voting for him. as handling the complicated settlement, proper use As I reported to you last fall, we have seen an 18% and examination of vocational experts and, for the first decline in our Section membership since the 2003 time, a segment regarding guardianship issues and reforms. I am pleased to inform you that our member- how they impact workers’ compensation cases. Even ship has now stabilized. Perhaps, like the economy, we if you have attended the Forum recently, there will be have hit bottom. Now, hopefully, we may start seeing something new for you to learn this year. As we have a slow recovery as well. The Chair of the Membership come to expect, Jeff and his committee have done an Committee, Paulo Longo, and Tim Dunbrack are excellent job in putting together this great educational contacting the various law schools in Florida and try- conference. As Jeff is our Chair Elect, I have assured ing to arrange for actual trials to be conducted in the him that his job will become much easier next year. schools to generate interest in workers’ compensation On the appellate front, things have been very ac- law by the students. Great idea guys and good luck! tive. There are two cases pending at the First DCA As we move into the busy time of year both legis- regarding challenges to the 2003 and 2009 attorney fee latively and educationally, I promise you that your reforms, Jennifer Kauffman v. Community Inclusions Section will continue to work diligently in doing what (1D10 – 4046) and B.F. vs. AMS Staffing 1D10 – 2688. is best for you and the Section. Workers’ Compensation Section 3 News & 440 Report Editor’s Comments By Mike Winer, Esq., Tampa Dear Friends and Colleagues: In the recent case of Bysczynski v United Parcel Service, the First DCA recognized the complexity of Another year flies by!... A our field of law, stating that the case illustrated “the friend once told me “life is like complex nature of Florida’s current Workers’ Compen- a roll of toilet paper, the closer sation Law and the myriad of thorny legal and medical you get to the end, the faster it issues which accompany even the most fundamental seems to go by!” I can’t believe decisions regarding an injured worker’s entitlement to it’s 2011 already. As I enter and a carrier’s liability for, medical treatment.” Indeed, my 15th year of practice, I it seems that the 1st DCA now also understands what look back on how much things many of us have known for several years: that work- have changed. ers’ compensation
Load more

Recommended publications
  • The Proposed Revision to Florida's Corporate Profits Axt
    Florida State University Law Review Volume 6 Issue 3 Article 19 Summer 1978 Defining a airF Share: The Proposed Revision to Florida's Corporate Profits axT Miranda Franks William McVey Smith Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Constitutional Law Commons, State and Local Government Law Commons, and the Taxation-State and Local Commons Recommended Citation Miranda Franks & William M. Smith, Defining a airF Share: The Proposed Revision to Florida's Corporate Profits axT , 6 Fla. St. U. L. Rev. 1029 (1978) . https://ir.law.fsu.edu/lr/vol6/iss3/19 This Note is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. DEFINING A FAIR SHARE: THE PROPOSED REVISION TO FLORIDA'S CORPORATE PROFITS TAX MIRANDA FRANKS AND WILLIAM MCVEY SMITH I. INTRODUCTION A proposal to limit the scope of Florida's corporate profits tax, by constitutional amendment will be one of the issues presented to the voters in the November, 1978, general election.' This proposal3 is the Florida Constitution Revision Commission's response to a recent Florida Supreme Court opinion, Department of Revenue v. Leader- ship Housing, Inc.4 In Leadership Housing, the court held that Flor- ida's 5% tax on the net income of corporations' applies to all appre- ciation in the value of corporate property acquired prior to, but sold after, November 2, 1971-the date on which Florida voters ap- proved a constitutional amendment lifting the state's prohibition on taxation of corporate income.
    [Show full text]
  • FGM 3 Interviewee: Nathaniel P
    FGM 3 Interviewee: Nathaniel P. Reed Interviewer: Julian Pleasants Date: November 2, 2000; December 18, 2000 P: This is November 2, 2000. I am on Jupiter Island, Florida. I am speaking with Nathaniel P. Reed. When and where were you born? R: I was born on July 22, 1933, in a hospital that no longer exists in New York City. P: Early on, you went to school at Deerfield Academy. How did that experience influence your life? R: I think it had an enormous influence. I have just been given the alumni award, and I can give you a copy of my speech at Deerfield, which will give you chapter- and-verse how I grew up between Greenwich, Connecticut and here, and how much schooling at Deerfield meant to me, in the sense that I was able to continue my active field career, both on the river and in the woods and on the hillsides, and yet take up competitive team sports with a vengeance. As my speech will indicate to you, I was a very mediocre student. I was growing very, very rapidly. My body was growing at an extraordinary rate. Headmaster Boyden loved to say that I got three square meals a day and twelve hours of sleep and that I slept between and roomed between two of the brightest boys in my class, and the great hope was that something would rub off on me. Physically, I grew so rapidly that there was not a great deal of time or interest in books. I was really more interested in sleep, eating and the outdoors, and that was a great part of our lives down here and in Greenwich.
    [Show full text]
  • Introductory Remarks
    Florida State University Law Review Volume 37 Issue 1 Article 6 2009 Introductory Remarks Scott D. Makar [email protected] Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Law Commons Recommended Citation Scott D. Makar, Introductory Remarks, 37 Fla. St. U. L. Rev. (2009) . https://ir.law.fsu.edu/lr/vol37/iss1/6 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW OFFSETTING RISKS IN TORT LAW: THEORETICAL AND PRACTICAL DIFFICULTIES Benjamin Schmueli VOLUME 37 FALL 2009 NUMBER 1 Recommended citation: Benjamin Schmueli, Offsetting Risks in Tort Law: Theoretical and Practical Difficulties, 37 FLA. ST. U. L. REV. 137 (2009). FLORIDA STATE UNIVERSITY LAW REVIEW WE COUNT TOO! ENDING THE DISENFRANCHISEMENT OF LIMITED ENGLISH PROFICIENCY VOTERS Terin M. Barbas VOLUME 37 FALL 2009 NUMBER 1 Recommended citation: Terin M. Barbas, We Count Too! Ending the Disenfranchisement of Limited English Proficiency Voters, 37 FLA. ST. U. L. REV. 189 (2009). FLORIDA STATE UNIVERSITY LAW REVIEW INTRODUCTORY REMARKS Scott D. Makar VOLUME 37 FALL 2009 NUMBER 1 Recommended citation: Scott D. Makar, Introductory Remarks, 37 FLA. ST. U. L. REV. 215 (2009). INTRODUCTORY REMARKS SCOTT D. MAKAR 1999 was an even better year than what I thought at the time. As my wife, Nancy Hogshead-Makar, and I shared wedding vows on Oc- tober 10, 1999, in Jacksonville, Florida, neither of us was aware that just a few months before, the Office of the Solicitor General had been established as a joint relationship between the Florida Attorney Gen- eral’s Office and the Florida State University College of Law.
    [Show full text]
  • 1965 Minutes
    "ulf i'tutes ilartu.e Jris4ertes C!tnmmtssinu CHAIRMAN DIRECTOR WALTER 0. SHEPPAR·D W. DUDLEY GUNN POST OFFICE DRAWER 2139 FORT MYER&, FLORIDA 33902 OFFICE SECRETARY MRS. WALTER B. HOOVER VICE-CHAIRMAN HEADQUARTERS OFFICE JAMES H. SUMMERSGILL 312 AUDUBON BUILDING 1819 SOUTH BAYOU DRIVE NEW ORLEANS; LOUISIANA 70112 GOLDEN MEADOW, LOUISIANA 70357 TELEPHONE: 524·1765 1",'· SIXTEENTH ANNUAL MEETING IN JOINT SESSION WITH ATLANTIC STATES MARINE FISHERIES COMMISSION ( MIAMI, FLORIDA DUPONT PLAZA HOTEL OCTOBER 6-S, 1965 ALABAMA FLORIDA • LOUISIANA • MISSISSIPPI • TEXAS ATTENDANCE Commissioners, AS.MFG: MAINE Ronald W. Green Rep. Plato Truman Vernon P. McFadden NEW HAMPSHIRE Bernard W. Corson Thomas V.Binmore MASSACHUSETTS Charles H. W. Foster Sen. Stanley J, Zarod RHODE ISLAND Thomas J. Wright (Proxy for F. c. Lees) Byron B. Blount CONNECTICUT Rudy Frank (Pro:xy for Norman C. Comollo) Edward s. Stolarz NEW YORK Dr. W. Mason Lawrence Robert L. Doxsee NEW JERSEY Raymond T, Richardson David H. Hart PENNSYLVANIA Sen. James S, Berger Elliot J, Goldman DELAWARE Dr. Franklin c. Daiber (Pro:xy for Norman G. Wilder) Sen.. Curtis W, Steen M. Haswell Pierce MARYLAND Fred w. Sieling (Proxy for Joseph H. Manning) Sen. J. Frank Raley, Jr. George T. Harrison VIRGINIA Milton T. Hickman Rep. Walther B, Fidler William P. Hunt NORTH CAROLINA Dr. David A.. Adams t Robert Ballance SOUTH CAROLINA Dr. G. Robert Lunz, Jr. -2- GEORGIA David H.G. Gould (Proxy for Rosser Malone) Jack Cofer FLORIDA Harmon W. Shields (Proxy tor Randolph Hodges) Rep. F. Charles Usina John R. Salvador Commissioners, GSMFC: ALJ\BAMA Vernon K. Shriner George W.
    [Show full text]
  • A History of the Florida Supreme Court the Onorh Able Joseph A
    University of Miami Law School Institutional Repository University of Miami Law Review 9-1-1981 A History of the Florida Supreme Court The onorH able Joseph A. Boyd Jr. Randall Reder Follow this and additional works at: http://repository.law.miami.edu/umlr Recommended Citation The onorH able Joseph A. Boyd Jr. and Randall Reder, A History of the Florida Supreme Court, 35 U. Miami L. Rev. 1019 (1981) Available at: http://repository.law.miami.edu/umlr/vol35/iss5/7 This Article is brought to you for free and open access by Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized administrator of Institutional Repository. For more information, please contact [email protected]. ARTICLES A History of the Florida Supreme Court THE HONORABLE JOSEPH A. BOYD, JR.* and RANDALL REDER** To a certain extent, the development of Florida'smodern ju- dicial processes and institutions can be understood by looking closely at the history of the individuals who have served on the state's foremost judicial body, the Florida Supreme Court. Un- fortunately, many of the historical insights and anecdotes con- cerning the justices have been lost or are scattered over many different sources. This article pulls together many of these scattered materials and presents an insider's look into the lives and aspirationsof the men who have served and shaped Flor- ida's Supreme Court. I. THE TERRITORIAL COURTS OF FLORIDA ................................... 1019 II. FLORIDA'S FIRST SUPREME COURT ........................................ 1020 III. THE ANTEBELLUM SUPREME COURT ...................................... 1026 IV. THE SUPREME COURT DURING THE CIVIL WAR AND RECONSTRUCTION ........
    [Show full text]
  • Sample of Our Florida Legacy
    Our FLORIDA Legacy LAND, LEGEND & LEADERSHIP L EGISLATIVE L EADERSHIP The Florida Constitution sets forth the individual rights of citizens as well as creating state and local offices and apportioning power among them. Florida’s sixth and current Constitution was ratified in 1968, with additional amendments approved subsequently by the voters. 1838: Florida’s first Constitution provided a General Assembly, demonstrated the territory’s readiness to become a state. 1861: substituted Confederate States for United States. 1865: rescinded ordinance of secession, abolished slavery. 1868: granted voting rights to all males, Gov. Hardee and other dignitaries gathered at Port St. Joe in 1923 to dedicate a monument to the state’s first constitutional allocated legislative seats to Seminole people, gave gov- convention, held there in 1838-39. L-R Homer Lee Oliver (D- ernor authority to appoint county officials, provided for Apalachicola, Fmr. Sen.), Mrs. Oliver, Secretary of State H. Clay public schools, state prisons, uniform taxes. 1885: replaced 1966-68 Constitution Revision Commissioners established Crawford (D-Wakulla, Fmr. Rep.), Mrs. Hardee, Gov. Cary A. Assembly with House of Representatives, limited Florida’s sixth and current Constitution, ratified in 1968. Identi- Hardee (D-Suwannee, Fmr. Speaker), Mrs. Buford, Attorney General Rivers Buford (D-Calhoun, Fmr. Rep., Ftr. Florida Su- governor’s term and appointment powers, abolished lieu- fied back row L-R B.K. Roberts, Rep. John Crews (D-Baker), Fmr. Rep.Joseph C. Jacobs (D-Suwannee), Fmr. Rep. Hugh M. Taylor preme Court Chief Justice). The names of the convention del- tenant governorship, established six-member elected cabi- (D-Gadsden), Harold L.
    [Show full text]
  • Virgil Hawkins V. the Florida Board of Control
    Florida State University Law Review Volume 12 Issue 1 Article 3 Spring 1984 Desegregating the University of Florida Law School: Virgil Hawkins v. The Florida Board of Control Darryl Paulson Paul Hawkes Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Civil Rights and Discrimination Commons, Constitutional Law Commons, Fourteenth Amendment Commons, and the Legal Education Commons Recommended Citation Darryl Paulson & Paul Hawkes, Desegregating the University of Florida Law School: Virgil Hawkins v. The Florida Board of Control, 12 Fla. St. U. L. Rev. 59 (1984) . https://ir.law.fsu.edu/lr/vol12/iss1/3 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. DESEGREGATING THE UNIVERSITY OF FLORIDA LAW SCHOOL: VIRGIL HAWKINS V. THE FLORIDA BOARD OF CONTROL DARRYL PAULSON* AND PAUL HAWKES** In April of 1949, Virgil D. Hawkins, a thirty-nine-year-old black public relations official of Bethune-Cookman College, applied for admission to the University of Florida College of Law. Thus began a nine-year odyssey that would find Hawkins appearing four times before the United States Supreme Court and a half dozen times before Florida jurists in his attempt to become the first black ad- mitted to the University of Florida, the state's only law school at that time. In spite of what appeared to be a clear order from the United States Supreme Court to admit Hawkins, he would be stymied in his quest to attend the law school of his native state.
    [Show full text]