An employee’s injury is compensable under the Workers’ Compensation Act when it results from an accident that “aris[es] out of work performed in the course and scope of employment.” § 440.09(1), Fla. Stat.; see also § 440.02(23), Fla. Stat. (defining “injury” as an accident “arising out of and in the course of employment”); § 440.02(1), Fla. Stat. (defining…
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For more than thirty years, lawyers and judges have misapplied the statute of limitations in Florida workers’ compensation cases. Undoubtedly, this error has deprived countless injured workers of benefits to which they were entitled. In Estes v. Palm Beach County School District, an opinion issued on March 23, 2026, the First District Court of Appeal…
Continue reading ›Emergency medical services and care can play a pivotal role in Florida workers’ compensation cases. Under section 440.13(1)(e), Florida Statutes, “emergency services and care” is defined by its reference to section 395.002, Florida Statutes (2024), as follows: (9) “Emergency services and care” means medical screening, examination, and evaluation by a physician, or, to the extent permitted…
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