Florida Employers and Insurance Companies Could Have to Pay More Money to Injured Workers After Court Ruling

– Circuit court judges in Florida have the authority to require provision of benefits ordered by a JCC, and can use a Rule Nisi proceeding to order the provision of denied benefits as well as impose a monetary award for damages sustained by the injured worker.
– The recent case of Zurich American Insurance Company v. Desiree Samson, (2nd DCA May 28, 2021) resulted in the Second District Court of Appeal concluding that the Circuit Court had the jurisdiction and authority to award a monetary remedy based upon Zurich’s failure to provide orthopedic treatment to Mr. Samson.
– However, the $15,000 award was not supported by the evidence, and the Circuit Court did not commit reversible error in rejecting Samson’s request for a full compensatory disgorgement of profits. 1. Mr. Samson filed a Petition for Rule Nisi against Zurich for withholding necessary orthopedic treatment.
2. The appellate court found that Zurich deliberately delayed treatment, offending the trial court’s judicial conscience.
3. The trial court ordered Zurich to provide treatment at the upcoming appointment and fined Zurich $15,000.00 to be paid to Samson.
4. The trial court’s $15,000.00 fine was not justifiable as there was no evidence that Samson was deprived of that amount by Zurich’s delay.
5. The appellate court ruled that the trial court had jurisdiction to award a monetary remedy, but the amount of the award was not supported by the evidence.
6. The case was remanded for the trial court to consider a proper award. – The research shows a correlation between regular exercise and improved mental health.
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– The data indicates a link between high sugar intake and an increased risk of diabetes.

Florida Employers and Carriers May Be Subject To Monetary Damage Awards to Claimants in Rule NISI Proceedings Following Recent Appellate Court Decision