Workers’ compensation pleading used to be simple, but now it’s more complicated. There are specific rules about what needs to be included in a petition for benefits and how affirmative defenses must be raised. This can be confusing for judges and lawyers who are not familiar with these rules. An affirmative defense is when the defendant in a lawsuit claims that even if all the allegations against them are true, they still don’t have to provide the benefit or remedy the plaintiff is asking for because of something else. This “something else” could be things like fraud, payment, release, or other legal reasons. In simple terms, it’s a way for the defendant to argue that they shouldn’t have to give the plaintiff what they’re asking for. An avoidance is basically a defense that someone uses to avoid being held responsible for something. It’s like saying, “I shouldn’t be blamed for this because of this reason.” In legal terms, this has to be brought up in the pleadings, which are the formal written statements in a lawsuit. It’s important to be specific when raising an avoidance, and to respond specifically to any defenses brought up by the other party. In workers’ compensation cases, claimants have to be specific when they plead certain defenses, such as the 120-day rule. But not all requirements need to be pleaded in the same way. Some rules, like the time limit for making a claim, are absolute and don’t need to be specifically pleaded. And if something is a basic part of a claim, it doesn’t have to be brought up as a defense, like proving an injury with medical evidence. It’s important to understand the different rules and how they apply in workers’ compensation cases. In workers’ compensation cases, the issue of major contributing cause can be complex. It’s important for both parties to clearly state their defenses in the pretrial stipulation, and for affirmative defenses to be specific and detailed. If a defense isn’t stated clearly, it may not be considered in the case. So, it’s important for both sides to be clear about what they’re arguing. It’s common for lawyers to be vague in their pretrial paperwork, which can cause problems later on. If a defense is too vague, the judge might have to delay the trial or even strike the defense. To avoid this, parties should use a specific legal motion to ask for more details when a defense isn’t clear. This gives the other side a chance to fix it before the judge makes a decision. In workers’ compensation cases, it’s important for both sides to follow the rules and provide specific details in their paperwork. These are citations from various legal cases in Florida. The author is a judge in Daytona Beach and the opinions expressed are his own. The article is submitted on behalf of the Workers’ Compensation Section. The Florida Bar aims to teach its members about duty and serving the public, improving justice, and advancing legal knowledge.
Source: https://www.floridabar.org/the-florida-bar-journal/affirmative-defenses-in-florida-workers-compensation/
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