Bivens v. City of Lakeland ("Bivens 2")

Jun 17, 2011

OUTCOME: Favorable to my client

The claimant attempted to obtain compensability of his hypertension through another date of accident. The claim was denied based on res judicata and the DCA upheld the decision.

Biven's v. City of Lakeland ("Biven's 1") - Florida Supreme Court

May 16, 2011

OUTCOME: Favorable to my client

The claimant filed a writ of corum nobis and a writ of all relief to attempt to overcome the prior rulings in this case. The Employer/Carrier argued that no jurisdiction existed for the relief sought ... and the claimant had failed to state appropriate facts or basis for the requested writ of all relief. The Supreme Court agreed and denied jurisdiction.

White v. Regions Bank - U.S. District Court for the Middle District of Florida

Mar 04, 2011

OUTCOME: Slip Opinion

Castaneda ex rel. Cardona v. Redlands Christian Migrant Assoc. Inc. - Fouth District Court of Appeal

Oct 20, 2010

OUTCOME: Favorable to my client

Everhart v. Polk County School Board - First District Court of Appeal

May 03, 2010

OUTCOME: Favorable to my client

Lorenzo v. Rojas - First District Court of Appeal

Sep 04, 2009

OUTCOME: Favorable to my client

Bivens v. City of Lakeland ("Bivens 1") - Florida Supreme Court

Jul 09, 2009

OUTCOME: Favorable to my client

This is a workers compensation case where the claimant, David Bivens, claimed to have developed essential hypertension and MVP during the course of his career as a firefighter and sought coverage for t ... he condition under F.S. 112.18. Under F.S. 112.18, first responders (including police and firefighters) are entitled to a presumption that their heart disease and hypertension were caused by their job. The claimant has the initial burden of proving entitlement to the presumption by showing that they are a first responder, they had a pre-employment physical that failed to reveal the condition, and they suffered a disability and are suffering from a covered condition under the statute. Once they prove this, the burden shifts to the employer/carrier to prove something else caused their condition. Many fine points of law were argued in this case, but in the end, the DCA found that the claimant in this case was not entitled to the presumption and denied compensability of the condition. The claimant appealed to the Florida Supreme Court arguing that the DCA found the statute invalid by virtue of its ruling. The Employer/Carrier argued lack of jurisdiction and the Supreme Court agreed. The Supreme Court dismissed the case and specifically found that the DCA did not declare the statute in question invalid.

Bivens v. City of Lakeland ("Bivens 1") - First District Court of Appeals

Oct 02, 2008

OUTCOME: Favorable to my client

This is a workers compensation case where the claimant, David Bivens, claimed to have developed essential hypertension and MVP during the course of his career as a firefighter and sought coverage for t ... he condition under F.S. 112.18. Under F.S. 112.18, first responders (including police and firefighters) are entitled to a presumption that their heart disease and hypertension were caused by their job. The claimant has the initial burden of proving entitlement to the presumption by showing that they are a first responder, they had a pre-employment physical that failed to reveal the condition, and they suffered a disability and are suffering from a covered condition under the statute. Once they prove this, the burden shifts to the employer/carrier to prove something else caused their condition. Many fine points of law were argued in this case, but in the end, the DCA found that the claimant in this case was not entitled to the presumption and denied compensability of the condition.

City of Lakeland v. Hartman - First District Court of Appeal

Sep 17, 2008

OUTCOME: Favorable to my client

City of Lake Land v. Clayton - First District Court of Appeal

Sep 10, 2008

OUTCOME: Favorable to my client