Boca Raton, FL
Workers compensation Lawyer at Boca Raton, FL
Practice Areas: Workers Compensation, Appeals ... +4 more
OUTCOME: Reversed an improper summary judgment
On appeal, the district court overturned a summary judgment improperly entered against the claimant. The court based its ruling at least in part on a US Supreme Court case that held that successive co ... mp cases in different states were not barred due to settlement of one of them, an argument that was raised but rejected by the trial court.
OUTCOME: Claimant prevailed on appeal of a denied claim
The First District Court of Appeal (1st DCA) of Florida agreed with Mr. Schwartz and reversed a judge's ruling that denied an injured worker all future benefits and taxed costs against her. In its wri ... tten opinion, the 1st DCA stated that the judge misinterpreted and misapplied the rule of major contributing cause and separately improperly rejected the defense of res judicata, which, if applied, would have prevented the Employer/Carrier from denying previously awarded medical benefits.
OUTCOME: Supreme Court ruled for Petitioner
On appeal, the Supreme Court agreed with the Petitioner that the unfavorable District Court opinion denying the injured worker's attorney fees needed to be reversed and reconsidered by the trial judge. ...
OUTCOME: Court clarified the "firefighter presumption"
The court wrote specifically to address the proper standard for determining whether an employer/carrier has rebutted the "firefighter's presumption" of section 112.18 (1), Florida Statutes (2006)
OUTCOME: Important decision on Permanent Total Disability
OUTCOME: Important decision on Statute of Limitations
OUTCOME: Plaintiff prevailed in non-compete action
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