may consider factors (Florida) · Go Syfert
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may consider factors in Florida

8 Florida opinions name it 1 courts 1989–2023 1 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 (6)

CaseFollowedCited
Shaw v. Publix Supermarkets, Inc.green
fladistctapp · 1992 · cited in 2 Florida opinions naming this issue, 1996–2023
2 sentences

2023As we close this part, we note the flexibility given to JCCs under section 440.15(1), as summarized in Liggon, the other decision cited by LaPointe: “In assessing entitlement to PTD benefits, the court may consider factors such as a claimant’s actual physical impairment, work history, education and training, ability to do and obtain other work, and age.” Liggon, 668 So. 2d at 264 (quoting Shaw v. Publix Supermarkets, Inc., 609 So. 2d 683, 685 (Fla. 1st DCA 1992), which also took a holistic approach to the evidence in assessing the sufficiency of proof in support of PTD).

1996"In assessing entitlement to PTD benefits, the court may consider factors such as a claimant's actual physical impairment, work history, education and training, ability to do and obtain other work, and age." Shaw v. Publix Supermkts, Inc., 609 So.2d 683, 685 (Fla. 1st DCA 1992); see Roose & Griffin Landscape Contractors v. Weiss, 558 So.2d 102, 105-06 (Fla. 1st DCA 1990).

22
Jackson v. Stategreen
fla · 2008 · cited in 2 Florida opinions naming this issue, 2010–2018
2 sentences

2018Jackson v. State, 983 So. 2d 562, 574 (Fla. 2008).

2010See, e.g., Jackson v. State, 983 So.2d 562, 574 (Fla.2008) (“[A]n unpreserved error may be considered on appeal only if the error is fundamental.”); Hannum v. State, 13 So.3d 132, 135 (Fla. 2nd DCA 2009).

22
Boyd v. Stategreen
fladistctapp · 2009 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010See, e.g., Jackson v. State, 983 So.2d 562, 574 (Fla.2008) (“[A]n unpreserved error may be considered on appeal only if the error is fundamental.”); Hannum v. State, 13 So.3d 132, 135 (Fla. 2nd DCA 2009).

11
LONGSHORE LAKES JT. VENTURE v. Mundygreen
fladistctapp · 1993 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001See Longshore Lakes Joint Venture, 616 So.2d at 1047 .

11
Roose & Griffin Landscape Contractors v. Weissgreen
fladistctapp · 1990 · cited in 1 Florida opinions naming this issue, 1996–1996
1 sentence

1996"In assessing entitlement to PTD benefits, the court may consider factors such as a claimant's actual physical impairment, work history, education and training, ability to do and obtain other work, and age." Shaw v. Publix Supermkts, Inc., 609 So.2d 683, 685 (Fla. 1st DCA 1992); see Roose & Griffin Landscape Contractors v. Weiss, 558 So.2d 102, 105-06 (Fla. 1st DCA 1990).

11
Cushman & Wakefield, Inc. v. Cozartgreen
fladistctapp · 1990 · cited in 1 Florida opinions naming this issue, 1993–1993
1 sentence

1993Cushman & Wakefield Inc. v. Cozart, 561 So.2d 368, 370 (Fla.2d DCA 1990).

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 (3)

CaseCitedYears
Wal-Mart Stores, Inc. v. Liggon green
fladistctapp · 1996
1 sentence

2023As we close this part, we note the flexibility given to JCCs under section 440.15(1), as summarized in Liggon, the other decision cited by LaPointe: “In assessing entitlement to PTD benefits, the court may consider factors such as a claimant’s actual physical impairment, work history, education and training, ability to do and obtain other work, and age.” Liggon, 668 So. 2d at 264 (quoting Shaw v. Publix Supermarkets, Inc., 609 So. 2d 683, 685 (Fla. 1st DCA 1992), which also took a holistic approach to the evidence in assessing the sufficiency of proof in support of PTD).

12023–2023
Dental Arts Lab, Inc. v. Costantino green
fladistctapp · 1988
1 sentence

1992Dental Arts Lab, Inc. v. Constantino, 531 So.2d 999 (Fla. 1st DCA 1988).

11992–1992
Carawan v. State red
fla · 1987
1 sentence

1989In determining whether a contrary legislative intent exists, the court may consider such factors as the circumstances and documentation accompanying a law's enactment, its evident purpose, the particular evil it seeks to remedy, the fact that it seeks to protect a particular class or remedy a special problem, or other relevant factors. 515 So.2d at 167 .

11989–1989

Statutes the citing opinions construe

FL § 440.15 (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

IN 59 (1981–2025) MI 47 (1985–2025) TX 45 (1984–2025) CA 45 (1965–2026) NY 41 (1977–2026) OH 27 (1998–2025) IL 20 (1977–2024) AL 20 (1984–2025) PA 13 (1987–2024) VA 13 (2003–2025) LA 13 (1989–2021) CO 12 (2003–2025) CT 11 (1981–2024) MO 11 (1975–2021) NE 11 (1988–2025) WI 10 (1992–2026) FL 8 (1989–2023) OR 7 (1992–2018) WA 7 (1913–2023) OK 7 (1993–2017) AR 6 (1980–2025) ID 6 (1984–2023) AZ 5 (2009–2017) NH 5 (1979–2022) NJ 5 (2012–2026) MN 4 (1993–2000) ME 4 (2015–2025) DC 4 (1999–2024) MS 4 (1986–2022) KS 3 (2011–2021) NM 3 (2010–2024) GA 3 (1920–2021) DE 3 (2015–2015) MA 2 (1994–2019) AK 2 (1997–2015) ND 2 (1980–1986) TN 2 (2015–2018)

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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