compensability claim (Florida) · Go Syfert
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compensability claim in Florida

11 Florida opinions name it 2 courts 1962–2013 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.

Followed or applied (12)

CaseFollowedCited
Conner v. Riner Plastering Companygreen
fla · 1961 · cited in 2 Florida opinions naming this issue, 1981–1997
2 sentences

1997See also Conner v. Riner Plastering Co., 131 So.2d 465 (Fla.1961).

1981See also Conner v. Riner Plastering Co., 131 So.2d 465 (Fla. 1961).

22
American Beryllium Co. v. Stringergreen
fla · 1981 · cited in 2 Florida opinions naming this issue, 1982–2007
2 sentences

2007Beryllium Co. v. Stringer, 392 So.2d 1294, 1295-96 (Fla.1980)); Sledge v. City of Fort Lauderdale, 497 So.2d 1231, 1233 (Fla. 1st DCA 1986) ("Disablement and the commencement of the running of the limitations period occurs when the disease condition results in a stoppage or loss of earnings.

1982Thus, as stated in American Beryllium Co. v. Stringer, 392 So.2d 1294 (Fla. 1981), "[I]t is the disability and not the disease which determines the compensability of the claim." That the inability to continue in a particular occupation was a proper factor to consider in an occupational disease claim was explicitly recognized in Ayers at 385 So.2d 1140 .

12
Wishart v. Laidlaw Tree Service, Inc.green
fladistctapp · 1991 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013All of the following cases that Vallejos cites can be distinguished because they deal with workers’ compensation claims where the compensability of the claim or the status of the employee at the time of the injury was contested: 4 Vasquez v. Sorrells Grove Care, Inc., 962 So.2d 411, 415 (Fla. 2d DCA 2007) (noting that the carrier contested the compensability of the claim and whether Vasquez was an employee); Hernandez v. United Contractors Corp., 766 So.2d 1249, 1252 (Fla. 3d DCA 2000) (holding that because the carrier contested the compensability of the claim and took the position that there

11
Hernandez v. United Contractors Corp.green
fladistctapp · 2000 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013All of the following cases that Vallejos cites can be distinguished because they deal with workers’ compensation claims where the compensability of the claim or the status of the employee at the time of the injury was contested: 4 Vasquez v. Sorrells Grove Care, Inc., 962 So.2d 411, 415 (Fla. 2d DCA 2007) (noting that the carrier contested the compensability of the claim and whether Vasquez was an employee); Hernandez v. United Contractors Corp., 766 So.2d 1249, 1252 (Fla. 3d DCA 2000) (holding that because the carrier contested the compensability of the claim and took the position that there

11
Vasquez v. Sorrells Grove Care, Inc.green
fladistctapp · 2007 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013All of the following cases that Vallejos cites can be distinguished because they deal with workers’ compensation claims where the compensability of the claim or the status of the employee at the time of the injury was contested: 4 Vasquez v. Sorrells Grove Care, Inc., 962 So.2d 411, 415 (Fla. 2d DCA 2007) (noting that the carrier contested the compensability of the claim and whether Vasquez was an employee); Hernandez v. United Contractors Corp., 766 So.2d 1249, 1252 (Fla. 3d DCA 2000) (holding that because the carrier contested the compensability of the claim and took the position that there

11
Lowry v. Logangreen
fladistctapp · 1995 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013All of the following cases that Vallejos cites can be distinguished because they deal with workers’ compensation claims where the compensability of the claim or the status of the employee at the time of the injury was contested: 4 Vasquez v. Sorrells Grove Care, Inc., 962 So.2d 411, 415 (Fla. 2d DCA 2007) (noting that the carrier contested the compensability of the claim and whether Vasquez was an employee); Hernandez v. United Contractors Corp., 766 So.2d 1249, 1252 (Fla. 3d DCA 2000) (holding that because the carrier contested the compensability of the claim and took the position that there

11
Velez v. Oxford Development Co.green
fladistctapp · 1984 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013Co., 457 So.2d 1388, 1391 (Fla. 3d DCA 1984) (reversing summary judgment because there was no determination that plaintiff was an employee in the workers’ compensation case).

11
Wright v. Douglas N. Higgins, Inc.green
fladistctapp · 1993 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013All of the following cases that Vallejos cites can be distinguished because they deal with workers’ compensation claims where the compensability of the claim or the status of the employee at the time of the injury was contested: 4 Vasquez v. Sorrells Grove Care, Inc., 962 So.2d 411, 415 (Fla. 2d DCA 2007) (noting that the carrier contested the compensability of the claim and whether Vasquez was an employee); Hernandez v. United Contractors Corp., 766 So.2d 1249, 1252 (Fla. 3d DCA 2000) (holding that because the carrier contested the compensability of the claim and took the position that there

11
Sledge v. City of Fort Lauderdalegreen
fladistctapp · 1986 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007Beryllium Co. v. Stringer, 392 So.2d 1294, 1295-96 (Fla.1980)); Sledge v. City of Fort Lauderdale, 497 So.2d 1231, 1233 (Fla. 1st DCA 1986) ("Disablement and the commencement of the running of the limitations period occurs when the disease condition results in a stoppage or loss of earnings.

11
Hoppe v. City of Lakelandgreen
fladistctapp · 1997 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007See also Fla. Power Corp. v. Brown, 863 So.2d 364, 365 (Fla. 1st DCA 2003) (reversing an order awarding medical monitoring in a case where the claimant was exposed to asbestosis, but not diagnosed with the disease, because the claimant had not (yet) suffered any injury, explaining that "an occupational disease becomes compensable only upon the employee's disablement [—] in occupational disease cases, it is the disability, not the diagnosis of the disease, which determines compensability of a claim") (citation omitted); Hoppe v. City of Lakeland, 691 So.2d 585, 586-87 (Fla. 1st DCA 1997) ("`In

11
Florida Power Corp. v. Browngreen
fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007See also Fla. Power Corp. v. Brown, 863 So.2d 364, 365 (Fla. 1st DCA 2003) (reversing an order awarding medical monitoring in a case where the claimant was exposed to asbestosis, but not diagnosed with the disease, because the claimant had not (yet) suffered any injury, explaining that "an occupational disease becomes compensable only upon the employee's disablement [—] in occupational disease cases, it is the disability, not the diagnosis of the disease, which determines compensability of a claim") (citation omitted); Hoppe v. City of Lakeland, 691 So.2d 585, 586-87 (Fla. 1st DCA 1997) ("`In

11
Sheppard v. City of Gainesvillegreen
fladistctapp · 1986 · cited in 1 Florida opinions naming this issue, 1992–1992
1 sentence

1992See Sheppard v. City of Gainesville Police Department, 490 So.2d 972 (Fla. 1st DCA 1986); Prahl Brothers, Inc. v. Phillips, 429 So.2d 386 (Fla. 1st DCA 1983); and City of Tampa v. Tingler, 397 So.2d 315 (Fla. 1st DCA 1981).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
City of Tampa v. Tingler neutral
fladistctapp · 1981
1 sentence

1992See Sheppard v. City of Gainesville Police Department, 490 So.2d 972 (Fla. 1st DCA 1986); Prahl Brothers, Inc. v. Phillips, 429 So.2d 386 (Fla. 1st DCA 1983); and City of Tampa v. Tingler, 397 So.2d 315 (Fla. 1st DCA 1981).

11992–1992
Prahl Bros., Inc. v. Phillips green
fladistctapp · 1983
1 sentence

1992See Sheppard v. City of Gainesville Police Department, 490 So.2d 972 (Fla. 1st DCA 1986); Prahl Brothers, Inc. v. Phillips, 429 So.2d 386 (Fla. 1st DCA 1983); and City of Tampa v. Tingler, 397 So.2d 315 (Fla. 1st DCA 1981).

11992–1992
City of Lakeland v. Catinella green
fla · 1961
2 sentences

1990It relates only to a controversy between two or more carriers as to which is liable for the discharge of the duties and liabilities of an employer occasioned by the compensable claim, where such *1197 matters as the claim's compensability and the awards to be made therefor have been voluntarily accepted by one of the carriers or have been already determined under other provisions of the Workmen's Compensation Act, Ch. 440, F.S.A. (e.s.) 129 So.2d at 136 .

1990Disputes between carriers concerning `the obligations and duties of one or more employers,' or between self-insured employers on the same subject, are governed rather by Section 440.42(3)." (e.s.) [6] Even earlier, in City of Lakeland v. Catinella, 129 So.2d 133 (Fla. 1961), the supreme court interpreted the 1959 version of section 440.42(3) — which, for purposes of this issue, has remained essentially unchanged to the present time — and observed: The subject statute is in no way directly concerned with the question of the compensability of a claim or, from the claimant's standpoint, the recei

11990–1990
Polote Corp. v. Meredith green
fladistctapp · 1986
1 sentence

1990In her concurring opinion, Judge Wentworth observed “that the award of fees for deter mining compensability in this case properly includes services in proving permanent total disability because the latter services were necessary to prove the full value of both accrued and discounted future benefits achieved by services rendered in the compensability hearing.” Id. (emphasis added).

11990–1990
Samurai of the Falls, Inc. v. Sul green
fladistctapp · 1987
1 sentence

1990Thus, there is a major distinction between a case such as Samurai of the Falls, Inc. v. Sul, 509 So.2d 359 (Fla. 1st DCA), review denied, 518 So.2d 1274 (Fla.1987), relied upon by the JCC below, in which the E/C did not defend against a claim on the basis that it was noncompensable, and Polote Corp. and the instant case, in which the carriers denied compens-ability.

11990–1990
Accoa Corp. v. Bird green
fladistctapp · 1982
1 sentence

1986Davis v. Keeto, Inc., 463 So.2d 368 (Fla. 1st DCA 1985); ACCOA Corp. v. Bird, 418 So.2d 314 (Fla. 1st DCA 1982); Gala Ocean Mile Hotel v. Burton, IRC Order 2-2955 (April 28, 1976).

11986–1986
Davis v. Keeto, Inc. green
fladistctapp · 1985
1 sentence

1986Davis v. Keeto, Inc., 463 So.2d 368 (Fla. 1st DCA 1985); ACCOA Corp. v. Bird, 418 So.2d 314 (Fla. 1st DCA 1982); Gala Ocean Mile Hotel v. Burton, IRC Order 2-2955 (April 28, 1976).

11986–1986
Maroney v. Edward A. Kelly & Sons, Inc. green
fla · 1967
1 sentence

1974As the law is stated in the case of Maroney v. Edward A. Kelly & *555 Sons, Inc., (Fla. 1967) 195 So.2d 208 , it would not affect the compensability of the claim at hand whether claimant had, in fact, reached his home and departed therefrom or was still enroute to his home at the time of the accident.

11974–1974
AB Taff & Sons v. Clark green
fladistctapp · 1959
1 sentence

1962Taff & Sons v. Clark, 110 So.2d 428 , supra, it would appear that therein this Court rejected the contention that if an employer refused to recognize the compensability of a claim and thus forced the claimant to file a claim, the statute nevertheless permitted the employer to pay the claim within 21 days after it was filed and thereby avoid liability for attorneys' fees.

11962–1962
Carillon Hotel v. Rodriguez neutral
fla · 1960
1 sentence

1962In Carillon Hotel v. Rodriquez, Fla. 1960, 124 So.2d 3 , this Court in its opinion denying the petition for rehearing clarified the Taff decision, explaining that therein this Court did not reject but accepted the stated contention.

11962–1962

Statutes the citing opinions construe

FL § 440.02 (4) FL § 440.151 (4) FL § 440.15 (3) FL § 440.34 (3)

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.

Where else courts name it

OR 69 (1970–2026) VA 34 (1985–2021) CT 15 (2006–2022) OH 14 (2001–2016) FL 11 (1962–2013) NC 9 (2005–2026) AR 9 (1995–2016) NY 7 (1988–2022) AZ 7 (1972–1990) WV 6 (1951–2023) ID 5 (1997–2019) TN 4 (1974–2024) IL 3 (1983–2022) NJ 3 (1999–2021) AL 3 (2001–2012) OK 3 (1962–1997) GA 3 (1995–2006) CA 3 (1991–2006) PA 2 (1986–2002) MS 2 (1986–2017) TX 2 (2014–2015) WY 2 (1986–1998) MO 2 (2009–2010)

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.

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