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12 Florida opinions name it 1 courts 1986–2013 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Burnup & Sims, Inc. v. Ozmentgreen2 sentences1991See Burnup & Sims, Inc. v. Ozment, 440 So.2d 29, 32 (Fla. 1st DCA 1983) (although claimant who is PTD has a right to be accepted as PTD, the fact that E/C continues to pay TTD benefits during the pendency of investigation is relevant to the issue of whether the E/C acted reasonably in continuing to investigate a PTD claim). 1991See Burnup & Sims, Inc. v. Ozment, 440 So.2d 29, 32 (Fla. 1st DCA 1983) (although claimant who is PTD has a right to be accepted as PTD, the fact that E/C continues to pay TTD benefits during the pendency of investigation is relevant to the issue of whether the E/C acted reasonably in continuing to investigate a PTD claim). | 2 | 2 |
Shaw v. Publix Supermarkets, Inc.green2 sentences2009See id. (citing Shaw v. Publix Supermarkets, Inc., 609 So.2d 683, 686 (Fla. 1st DCA 1992)). 2009See id. (citing Shaw v. Publix Supermarkets, Inc., 609 So.2d 683, 686 (Fla. 1st DCA 1992)). | 1 | 2 |
Daws Mfg. Co., Inc. v. Ostoyicgreen1 sentence2013Co., Inc. v. Ostoyic, 756 So.2d 175, 176 (Fla. 1st DCA 2000) (noting that JCC did not have benefit of Oswald "where we explained that to establish entitlement to permanent total disability indemnity benefits under the revised version of chapter 440 which went into effect on January 1, 1994, a claimant must prove total disability on account of impairment existing after the date of maximum medical improvement [and] Ostoyic has conceded that the record on appeal does not establish ... under the exception to the ‘venerable rule’ that permanent disability benefits are premature if claimant is not y | 1 | 1 |
Olmo v. Rehabcare Starmed/SRSgreen2 sentences2010See, e.g., Olmo v. Rehabcare Starmed/SRS, 930 So.2d 789 (Fla. 1st DCA 2006) (explaining an award of PTD made before effects of treatment are known is premature). 2010See, e.g., Olmo v. Rehabcare Starmed/SRS, 930 So.2d 789 (Fla. 1st DCA 2006) (explaining an award of PTD made before effects of treatment are known is premature). | 1 | 1 |
Wal-Mart Stores, Inc. v. Liggongreen2 sentences2009See id. (citing Shaw v. Publix Supermarkets, Inc., 609 So.2d 683, 686 (Fla. 1st DCA 1992)). 2009See id. (citing Shaw v. Publix Supermarkets, Inc., 609 So.2d 683, 686 (Fla. 1st DCA 1992)). | 1 | 1 |
Bill's Equipment and Rentals v. Teelgreen1 sentence1996Cf. Bill's Equipment and Rentals v. Teel, 498 So.2d 536, 537 (Fla. 1st DCA 1986) (deputy commissioner did not err in excusing claimant's failure to more actively seek employment where "[t]he record reveals that claimant sought employment commensurate with his work experience and job skills, while the employer made no effort to obtain employment for claimant"); Thompkins & Sons Lawn Spray v. Brooks, 452 So.2d 103, 103-04 (Fla. 1st DCA 1984) (mentally retarded claimant had permanent injury to both legs, preventing him from standing or sitting for more than hour at a time, and during two years be | 1 | 1 |
Gatz v. Stategreen1 sentence1996See, e.g., Fairchild Aircraft v. Raybon, 634 So.2d 801 (Fla. 1st DCA 1994). | 1 | 1 |
Drummond v. Plumbing Corp. of Americagreen1 sentence1996Cf. Bill's Equipment and Rentals v. Teel, 498 So.2d 536, 537 (Fla. 1st DCA 1986) (deputy commissioner did not err in excusing claimant's failure to more actively seek employment where "[t]he record reveals that claimant sought employment commensurate with his work experience and job skills, while the employer made no effort to obtain employment for claimant"); Thompkins & Sons Lawn Spray v. Brooks, 452 So.2d 103, 103-04 (Fla. 1st DCA 1984) (mentally retarded claimant had permanent injury to both legs, preventing him from standing or sitting for more than hour at a time, and during two years be | 1 | 1 |
Thompkins & Sons Lawn Spray v. Brooksgreen1 sentence1996Cf. Bill's Equipment and Rentals v. Teel, 498 So.2d 536, 537 (Fla. 1st DCA 1986) (deputy commissioner did not err in excusing claimant's failure to more actively seek employment where "[t]he record reveals that claimant sought employment commensurate with his work experience and job skills, while the employer made no effort to obtain employment for claimant"); Thompkins & Sons Lawn Spray v. Brooks, 452 So.2d 103, 103-04 (Fla. 1st DCA 1984) (mentally retarded claimant had permanent injury to both legs, preventing him from standing or sitting for more than hour at a time, and during two years be | 1 | 1 |
Bray v. Electronic Door-Lift, Inc.green2 sentences1991Bray v. Electronic Door-Lift, Inc., 558 So.2d 43, 46 (Fla. 1st DCA 1989). 1991Bray v. Electronic Door-Lift, Inc., 558 So.2d 43, 46 (Fla. 1st DCA 1989). | 1 | 1 |
National Airlines, Inc. v. Wiklegreen2 sentences1987See National Airlines, Inc. v. Wikle, 451 So.2d 908 ; DiMuro v. Dave’s Tile Service, Inc., 409 So.2d 107 (Fla. 1st DCA 1982); Smith v. Dixie Packers, Inc., 384 So.2d 709 (Fla. 1st DCA), petition for review denied, 392 So.2d 1373 (Fla.1980); G & S Packing Co. v. Driggers, 382 So.2d 446 (Fla. 1st DCA 1980). 1987See National Airlines, Inc. v. Wikle, 451 So.2d 908 ; DiMuro v. Dave’s Tile Service, Inc., 409 So.2d 107 (Fla. 1st DCA 1982); Smith v. Dixie Packers, Inc., 384 So.2d 709 (Fla. 1st DCA), petition for review denied, 392 So.2d 1373 (Fla.1980); G & S Packing Co. v. Driggers, 382 So.2d 446 (Fla. 1st DCA 1980). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Metropolitan Title & Guar. Co. v. Muniz
green
1 sentence2013Co. v. Muniz, 806 So.2d 637 (Fla. 1st DCA 2002) ("On remand, the claimant may present evidence that he has reached maximum medical improvement ... [but] if that is not the case, and if temporary benefits have expired, the claimant may obtain an impairment rating and seek permanent total disability benefits based on a future date of maximum medical improvements under the procedure in Oswald.”) (emphasis added); McDevitt Street Bovis v. Rogers, 770 So.2d 180 (Fla. 1st DCA 2000) ("nobody testified either that the claimant had reached maximum medical (psychiatric) improvement or that she would rem | 1 | 2013–2013 |
McDevitt Street Bovis v. Rogers
green
1 sentence2013Co. v. Muniz, 806 So.2d 637 (Fla. 1st DCA 2002) ("On remand, the claimant may present evidence that he has reached maximum medical improvement ... [but] if that is not the case, and if temporary benefits have expired, the claimant may obtain an impairment rating and seek permanent total disability benefits based on a future date of maximum medical improvements under the procedure in Oswald.”) (emphasis added); McDevitt Street Bovis v. Rogers, 770 So.2d 180 (Fla. 1st DCA 2000) ("nobody testified either that the claimant had reached maximum medical (psychiatric) improvement or that she would rem | 1 | 2013–2013 |
MacEk v. State
green
2 sentences1987See National Airlines, Inc. v. Wikle, 451 So.2d 908 ; DiMuro v. Dave’s Tile Service, Inc., 409 So.2d 107 (Fla. 1st DCA 1982); Smith v. Dixie Packers, Inc., 384 So.2d 709 (Fla. 1st DCA), petition for review denied, 392 So.2d 1373 (Fla.1980); G & S Packing Co. v. Driggers, 382 So.2d 446 (Fla. 1st DCA 1980). 1987See National Airlines, Inc. v. Wikle, 451 So.2d 908 ; DiMuro v. Dave’s Tile Service, Inc., 409 So.2d 107 (Fla. 1st DCA 1982); Smith v. Dixie Packers, Inc., 384 So.2d 709 (Fla. 1st DCA), petition for review denied, 392 So.2d 1373 (Fla.1980); G & S Packing Co. v. Driggers, 382 So.2d 446 (Fla. 1st DCA 1980). | 1 | 1987–1987 |
G & S PACKING CO. v. Driggers
green
2 sentences1987See National Airlines, Inc. v. Wikle, 451 So.2d 908 ; DiMuro v. Dave’s Tile Service, Inc., 409 So.2d 107 (Fla. 1st DCA 1982); Smith v. Dixie Packers, Inc., 384 So.2d 709 (Fla. 1st DCA), petition for review denied, 392 So.2d 1373 (Fla.1980); G & S Packing Co. v. Driggers, 382 So.2d 446 (Fla. 1st DCA 1980). 1987See National Airlines, Inc. v. Wikle, 451 So.2d 908 ; DiMuro v. Dave’s Tile Service, Inc., 409 So.2d 107 (Fla. 1st DCA 1982); Smith v. Dixie Packers, Inc., 384 So.2d 709 (Fla. 1st DCA), petition for review denied, 392 So.2d 1373 (Fla.1980); G & S Packing Co. v. Driggers, 382 So.2d 446 (Fla. 1st DCA 1980). | 1 | 1987–1987 |
Smith v. Dixie Packers, Inc.
green
2 sentences1987See National Airlines, Inc. v. Wikle, 451 So.2d 908 ; DiMuro v. Dave’s Tile Service, Inc., 409 So.2d 107 (Fla. 1st DCA 1982); Smith v. Dixie Packers, Inc., 384 So.2d 709 (Fla. 1st DCA), petition for review denied, 392 So.2d 1373 (Fla.1980); G & S Packing Co. v. Driggers, 382 So.2d 446 (Fla. 1st DCA 1980). 1987See National Airlines, Inc. v. Wikle, 451 So.2d 908 ; DiMuro v. Dave’s Tile Service, Inc., 409 So.2d 107 (Fla. 1st DCA 1982); Smith v. Dixie Packers, Inc., 384 So.2d 709 (Fla. 1st DCA), petition for review denied, 392 So.2d 1373 (Fla.1980); G & S Packing Co. v. Driggers, 382 So.2d 446 (Fla. 1st DCA 1980). | 1 | 1987–1987 |
Chisholm v. McCormick, Conduit, Buckley
neutral
2 sentences1987It was clearly held by this court in Chisholm v. McCormick, Conduit, Buckley, 437 So.2d 699 (Fla. 1st DCA 1983) that “[njeither statutory provisions nor the Florida Workers’ Compensation Rules preclude the deputy from hearing [a claimant’s] wage loss claim during the pendency of his appeal from the final order denying the PTD claim”. 1987It was clearly held by this court in Chisholm v. McCormick, Conduit, Buckley, 437 So.2d 699 (Fla. 1st DCA 1983) that “[njeither statutory provisions nor the Florida Workers’ Compensation Rules preclude the deputy from hearing [a claimant’s] wage loss claim during the pendency of his appeal from the final order denying the PTD claim”. | 1 | 1987–1987 |
Escambia County Council v. Goldsmith
neutral
2 sentences1986The E/C next contends that, even if the PTD award is correct, the D/C erred in failing to apportion that award pursuant to Escambia County Council on Aging v. Goldsmith, 465 So.2d 655 (Fla. 1st DCA 1985), which appeared to hold that the apportionment of permanent benefits based on a pre-existing condition does not require a showing by the E/C that the condition caused disability prior to the industrial accident, but merely impairment. 1986The E/C next contends that, even if the PTD award is correct, the D/C erred in failing to apportion that award pursuant to Escambia County Council on Aging v. Goldsmith, 465 So.2d 655 (Fla. 1st DCA 1985), which appeared to hold that the apportionment of permanent benefits based on a pre-existing condition does not require a showing by the E/C that the condition caused disability prior to the industrial accident, but merely impairment. | 1 | 1986–1986 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.