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Practice Area Articles

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E.g., Oct 20, 2018
End Date
E.g., Oct 20, 2018
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Law Alerts October 1, 2018
Florida Statute 440.09(7)(b) allows a claimant to rebut the presumption of intoxication by clear and convincing evidence that the intoxication or the influence of drugs did not contribute to the injury. Per F.S. 440.09(7)(e), the claimant must prove..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts October 1, 2018
The plaintiff filed an action against the defendant pharmacy asserting that it negligently caused her injuries. The pharmacy’s insurance company filed a declaratory action against the pharmacy asserting that it did not have a duty to defend or..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts October 1, 2018
The Supreme Court held that for purposes of subrogation, the future credit/reimbursement rate percentage applies to future indemnity benefits, not to future medical expenses. The inclusion of the words “installments of compensation” at..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts October 1, 2018
The plaintiff attempted to make a claim for personal injury by arguing a cause of action for private nuisance existed. More specifically, the plaintiff alleged that the defendant had caused an unreasonable interference with the use and enjoyment of..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts October 1, 2018
The plaintiff fell on ice in an Acme parking lot three days after a winter storm and sustained injuries. She sued the store owner, the property manager, and the snow and ice contractor for negligence. The Superior Court granted the defendants..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts October 1, 2018
The Board noted that, as the moving party, the employer has the burden of showing that the claimant is not completely incapacitated or, in other words, is medically employable. The Board resolved this dispute between the medical experts by accepting..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts October 1, 2018
On the day that the plaintiff was hired as a delivery person, she was instructed to log-on to the company’s website and complete various documents, including an agreement to arbitrate any employment-related claim in lieu of filing a court..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts October 1, 2018
According to the Commonwealth Court, paragraph 10 of the C&R Agreement—stating that the employer would pay reasonable, necessary and related medical expenses incurred before the hearing date—obligated the employer to pay for the..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts October 1, 2018
The plaintiffs sought an appeal from an order denying reinstatement of a complaint for damages for injuries sustained on an amusement ride. The plaintiffs attempted to reinstate their complaint after they willingly participated in an arbitration..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Law Alerts October 1, 2018
The Board framed the issue in this case as: Should the claimant’s average weekly wage be calculated using the 26 weeks prior to his work injury, how should that be done and what should be included in that calculation? Under Section 2302 (a) of..., Case Law Alerts, 4th Quarter, October 2018 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...

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