Each year, new cases change the way people view workers'compensation and have an enormous impact on the industry as awhole. The Case Law Update, which took place Monday, August 22 atthe 66th Annual Workers' Compensation Educational Conference(WCEC), was a session provided as an arena for discussion regardingthose cases and how their outcomes may influence what happens inthe future.

Kemmerly Thomas, an attorney at McConnaughhay, Duffy, Coonrod,Pope & Weaver in Tallahassee, Fla., has been a member on thispanel for nearly 14 years. She was one of five members of thisyear's discussion-leading panel, which consists of two defenseattorneys and three claimant attorneys, and was moderated by NicoleD. Ruocco, an attorney at Rissman, Barrett, Hurt, Donahue &McLain in Orlando.

“The cases that we discussed this year have extraordinarysignificance in comparison to previous years,” Thomas said. “Thisis because of the profound impact of the decisions on claimshandling and case value.”

Attendees heard in-depth fact patterns and arguments from bothsides. Conversation revolved around topics such as costs, advances,apportionment, attorney fees, and permanent total disability(PTD)-related issues: the everyday factors that influencelitigation.

One of the cases analyzed was the controversial Lopez vs.Allied Aerofoam/Specialty Risk Services. The outcome of thisworkers' compensation case established that claimants, even indenied workers' compensation cases, are entitled to payment notexceeding $2,000 upon a proper showing. Thomas described this caseas having “opened a Pandora's box in terms of claimant requestedadvances and increased litigation expenses related to suchrequests.”

Other cases that were discussed include the Hernandez v.Palmetto General Hospital and Punsky v. Clay County Boardof County Commissioners, where the topic of resulting costsand ramifications will be analyzed. In Hernandez, theclaimant was able to have a dismissal order reversed, and inPunsky, the claimant's two points of appeal were rejected.These cases have had a great impact on claim and defense viabilityas well as the issue of proper jurisdiction regarding enforcementof orders awarding costs.

Thomas said that no case law panel update is complete withoutthe annual ongoing debate of “reasonable attorneyfees.” Arguments raised in the Kauffman v. CommunityInclusions, Inc. case were discussed, as well as the recentdenial of review by the Florida Supreme Court.

Aside from conversation dealing with a variety of profoundcases, attendees enjoyed a unique and lively discussion of thecurrent PTD standards and several relevant judge of compensationclaims (JCC) opinions on appeal, addressing the standards forqualification and a challenge to the 75 age cap for benefits,Thomas said.

All of this took place in additional to the panel's yearlyin-depth review of relevant case law from the First District Courtof Appeal and the Florida Supreme Court. Although outcomes of casesacross the country may vary, the landmark cases discussed in thisbreakout are paving the way for future results, impacting how allsides view workers' compensation matters.