Attorney Kenneth Brian Schwartz's Legal Cases

Workers compensation

The GEO Group, Inc. v. Thompson

Sep 02, 2025

OUTCOME: Affirmed (prevailed), with lengthy opinion on matter of first impression

Nearly a year and a half after the court heard Oral Argument on the Employer/Carrier's appeal, the DCA affirmed the order, agreeing with the Claimant that the judge properly awarded compensability. Of ... particular note, the DCA agreed with the Claimant that the judge correctly refused to exclude the testimony of the Expert Medical Advisor, declaring in a lengthy opinion that 'Daubert' does not apply to admissibility of an EMA's opinions. The GEO Group, Inc. v. Thompson, Case No. 1D2023-0193 (Fla. 1st DCA Sept. 3, 2025).

Workers compensation

Cristin v. Everglades Correctional Facility

Dec 31, 2020

OUTCOME: Reversed (prevailed) and Remanded for further proceedings

The appellate court reversed the JCC below, based on the JCC having erroneously denied Mr. Schwartz's motion to strike the testimony of the Employer/Carrier's IME expert witness (for failure to meet th ... e Daubert standards of reliability). Bcz the IME was used as the basis to compel the EMA evaluation, and the EMA's opinions convinced the JCC to deny benefits, the order denying benefits had to be reversed.

Workers compensation

Stanley Steemer International, Inc. v. Smith

Jun 09, 2014

OUTCOME: Affirmed (prevailed on appeal)

District court upheld the trial court's decisions to award attendant care benefits to a permanently and totally disabled worker and to reject the insurance company's allegations of fraud.

Workers compensation

Covell v. Cracker Barrel Old Country Store, Inc.

Aug 16, 2013

OUTCOME: Reversal (Prevailed on appeal)

District Court agreed with Attorney Schwartz that a JCC has jurisdiction to compel the production of documentary evidence, even before the filing of a PFB.

Workers compensation

Taylor v. TGI Friday's & Broadspire

Feb 22, 2013

OUTCOME: Reversal (Prevailed on appeal)

The District Court of Appeal agreed with Mr. Schwartz that the trial judge (JCC) improperly rejected the Claimant’s claim for payment of medical bills related to the symptoms the Claimant demonstrated ... when he presented to the hospital for treatment. The DCA ruled that, because the expert medical advisor (EMA) testified that the compensable injury was the major contributing cause (MCC) of the collection of symptoms that led to the treatment provided to Claimant, and because the JCC failed to cite clear and convincing evidence sufficient to reject the presumed correctness of the EMA’s opinion, the Claimant was correct in arguing that the JCC committed reversible error.

Workers compensation

Arlotta v. City of West Palm Beach

Mar 26, 2012

OUTCOME: Reversal (prevailed on appeal)

Police officer appealed adverse ruling denying workers' comp benefits after judge improperly excluded expert medical witness

Workers compensation

LeBlanc v. City of West Palm Beach

Aug 23, 2011

OUTCOME: Reversed judge's denial of benefits to firefighter

The 1st District Court of Appeal agreed with Mr. Schwartz and overturned a judge's denial of workers' compensation benefits to a firefighter. The DCA agreed that the order on appeal was not supported b ... y competent substantial evidence sufficient to rebut the presumption of compensability afforded by Â§112.18, Florida Statutes. On remand, the judge was ordered to award the previously denied benefits, including medical care and attorney's fees.

Contracts and agreements

RAM, LLC, et al. v. Timothy Hill

Aug 23, 2010

OUTCOME: Affirmed, with opinion

Successfully defended an appeal to the U.S. Circuit Court of Appeal of a denied motion to enforce a contractual agreement related to the sale of a business

Workers compensation

Sheetal Kumar v. Darlene Richmond, et al.

May 06, 2010

OUTCOME: Motion to Dismiss, granted

Obtained dismissal with prejudice of an appeal brought by an employer without having satisfied necessary conditions precedent.

Workers compensation

J.B.D. Brother's and Masonry, Inc. v. Miranda

Jan 25, 2010

OUTCOME: Successfully defended award of benefits

This case, along with Rene Stone Work Corp. v. Gonzalez (decided the same day), establishes that workers can successfully "report" their earnings for workers' comp purposes, even if it's "under the tab ... le" or earned by an undocumented alien, by proving that they made appropriate good faith efforts to put the IRS on notice of these earnings. This is critical for establishing an average weekly wage, which is necessary for calculating the rate of payment of lost wage benefits (i.e., no average weekly wage means no lost wage benefits).

Kenneth Brian Schwartz's Legal Cases (17)

The GEO Group, Inc. v. Thompson

Cristin v. Everglades Correctional Facility

Stanley Steemer International, Inc. v. Smith

Covell v. Cracker Barrel Old Country Store, Inc.

Taylor v. TGI Friday's & Broadspire

Arlotta v. City of West Palm Beach

LeBlanc v. City of West Palm Beach

RAM, LLC, et al. v. Timothy Hill

Sheetal Kumar v. Darlene Richmond, et al.

J.B.D. Brother's and Masonry, Inc. v. Miranda