Judge David Langham
The Florida First District Court of Appeal recently dismissed an appeal in the cause of Tommy D. Lay II. v. KBR WC Claims,
1D19-4171(LT 13-014638). There is no extensive written opinion that would come to the attention of those who watch the
Most Recent Written Decisions. Though, as an aside, everyone involved in Florida workers compensation claims (e.g. risk managers, attorneys, adjusters) would be well advised to read those decisions.
There is a tool there, and readers can sign up for notifications when new written decisions are released.
However, the Written Decisions are not the only decisions that the Court makes. Practically, the procedural decisions in each case far outnumber the rendered decisions that ultimately conclude an appellate review. The December 7, 2020 dismissal in Lay certainly is both such a procedural decision and an ultimate conclusion. And, it is but one of the procedural orders entered by the Court in this proceeding.
12/15/20
The Florida First District Court rendered
Palm Beach County v. Wilkes on December 14, 2020. The case is significant as it provides a glimpse into the 2018 statutory presumption regarding post traumatic stress disorder for first responders. However, in a broader sense, the discussion of distinguishing statutes of limitation and statutes of repose is also intriguing for the legal professional. I find students struggle with the concept of repose. That is understandable, as a fair few lawyers likewise struggle.
The litigation in Wilkes resulted in the trial judge arriving at several findings of fact which controlled the outcome. The parties did not dispute those findings on appeal, arguing instead over the appropriate interpretation of the reasonably recent statutory enactment. The trial judge s interpretation resulted in the award of benefits to the injured worker. The employer appealed, and the Court s interpretation sided instead with the employer/carrier.