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Selected Recent Appellate Opinions

 

Covell v. Cracker Barrel Old Country Store, Inc., Case No. 1D13-1232 (Fla. 1st DCA August 15, 2013) (reversing JCC’s order claiming that he had no jurisdiction to enter the discovery order sought by trial counsel)

 

Taylor v. TGI Friday’s Inc., 108 So. 3d 698 (Fla. 1st DCA 2013) (reversing JCC’s denial of entitlement to payment of medical bills)

 

Gorham v. Zachry Industrial, Inc., 105 So. 3d 629 (Fla. 4th DCA 2013) (discussing workers’ compensation immunity)

 

Bergstein v. Palm Beach County School Board, 97 So. 3d 878 (Fla. 1st DCA 2012) (clarifying that reimbursement disputes insulate claimants from financial responsibility for disputed bills)

 

Palm Beach County Sheriff's Office v. Gallart, 90 So. 3d 370 (Fla. 1st DCA 2012) (dismissing E/C’s appeal for lack of jurisdiction)

 

Arlotta v. City of West Palm Beach, 82 So. 3d 1221 (Fla. 1st DCA 2012) (reversing the JCC’s improper cancellation of an EMA evaluation)

 

LeBlanc v. City of West Palm Beach, 72 So. 3d 181 (Fla. 1st DCA 2011) (reversing JCC’s erroneous finding of rebuttal of firefighter presumption)

 

RAM, LLC v. Hill, Case No. 10-10658 (11th Cir. 2010) (unpublished) (affirming federal district court's denial of a motion to enforce a written settlement agreement and to obtain a final judgment against the defendants, because plaintiff had breached the settlement agreement)

 

New Hope Baptist Church v. Duran, 38 So. 3d 170 (Fla. 1st DCA 2010) (successful defense of all issues)

 

JBD Brother's v. Miranda, 25 So. 3d 1271 (Fla. 1st DCA 2010) (successful defense of award of TT and increased AWW; reversal as to authorization of MRI)

 

Sheetal Kumar, M.D., P.A. v. Richmond, 34 So. 3d 197 (Fla. 1st DCA 2010) (granting Appellee’s motion to dismiss)

 

Engler v. American Friends Of Hebrew University, 18 So. 3d 613 (Fla. 1st DCA 2009) (reversing JCC on both legal arguments raised by claimant)

 

Holland v. Cheney Brothers, Inc., 22 So. 3d 648 (Fla. 1st DCA 2009) (finding merit in the claimant’s appellate argument but affirming for trial counsel’s failure to preserve the error)

 

Scanlon v. TG Investments, LLC, 17 So. 3d 910 (Fla. 1st DCA 2009) (reversing JCC’s summary final order denying compensability on both legal and factual grounds)

 

Celeste v. Kerns, 32 So. 3d 611 (Fla. 2009) (reversing JCC’s denial of attorney’s fees)

 

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Kenneth B. Schwartz, Esq., represents employers, insurance carriers, and aggrieved individuals in litigation, trials, and appeals of business and employment matters, including contract disputes, enforcement of noncompete and trade secret agreements, allegations of wrongful termination and discrimination, workers' compensation claims, Rule Nisi enforcement proceedings, resolution of stop work orders and premium disputes, and construction defect litigation.

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