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In the News

Jeff regularly participates in significant appellate cases.

In the recent past, he argued and won a monumental appellate case in workers’ compensation law concerning the apportionment of medical and temporary benefits prior to an injured worker reaching the point of maximum medical improvement. The case of Staffmark v. Merrell made the front cover of Florida Law Weekly. This case demonstrated when and how an Employer/Carrier may apportion out pre-existing non-work related conditions. Judge Webster wrote a concurring opinion indicating his concern the application of the law will result in a valid constitutional challenge to the apportionment statute and urging the Legislature to reconsider the law. This case was important to both Claimants and Employer/Carriers in that this statute was being applied inconsistently throughout the state and because all litigants were uncertain as to which medical conditions could be considered for apportionment and which should not be included in the medical opinion on percentage of preexisting conditions. The full text of the decision in Staffmark v. Merrell can be found at the following link:

http://opinions.1dca.org/written/opinions2010/08-12-2010/09-5916.pdf