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State Courts -
Florida - January 31, 2008
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AMS Staff Leasing, Inc. v. Arreola, CASE NO. 1D06-5727/07-1202 Consolidated Cases,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 31, 2008, Opinion Filed
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Overview: As a claimant injured in Florida was entitled to return to Mexico to join his family without forfeiting his rights to workers' compensation benefits, under ? 440.13(2)(a), Fla. Stat., the employer and carrier had to authorize a doctor in Mexico to provide care, even though the doctor was not licensed in Florida or under the laws of any other state.
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Butler v. City of Jacksonville, CASE NO. 1D06-5918,
COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, January 31, 2008, Opinion Filed
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Overview: As a city did not present any evidence, let alone clear and convincing evidence, that a claimant's peripheral vascular disease (PVD) was caused by a specific non-work-related event or exposure, under ? 112.18(1), Fla. Stat. (1996), the claimant was entitled to the presumption that his PVD was caused by his occupation as a firefighter.
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Green v. State, No. SC05-2265, No. SC06-1533,
SUPREME COURT OF FLORIDA, January 31, 2008, Decided
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Overview: In first degree murder case, death row inmates New York youthful offender adjudication was not a "conviction"; thus, it did not satisfy "prior violent felony conviction" aggravator under ? 921.141(5)(b), Fla. Stat., of Florida's death penalty statute. Counsels ineffectiveness in not discovering this fact entitled inmate to new penalty phase.
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