Florida, February, 2009, State Case law

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State Courts - Florida - February 27, 2009

In re: Amendments to the Rules Regulating the Fla. Bar--Rule 4-7.6, Computer Accessed Communs., No. SC08-1181, SUPREME COURT OF FLORIDA, February 27, 2009, Decided
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Jones v. State, CASE NO. 1D08-2423, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 27, 2009, Opinion Filed
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Kaloustian v. Tampa Armature Works, Inc., CASE NOS. 1D08-3088; 1D08-3940, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 27, 2009, Opinion Filed
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Lestrade v. State, Case No. 2D08-902, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 27, 2009, Opinion Filed
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Miller v. State, CASE NO. 1D07-5428, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 27, 2009, Opinion Filed
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Mills v. State, Case No. 2D08-9, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 27, 2009, Opinion Filed
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Palmer v. McKesson Corp., CASE NO. 1D08-0516, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 27, 2009, Opinion Filed
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Overview: Once employer and servicing agent established statute of limitations in ? 440.19(1), Fla. Stat., had run on workers' compensation benefit claim, burden shifted to claimant to show tolling exception in ? 440.19(2) applied; claimant failed to do so as she failed to show she had received medical treatment after last authorized treatment in 2002.

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Polk County Builders Ass'n v. Polk County, Case No. 2D08-1998, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 27, 2009, Opinion Filed
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Provost v. Justin, Case No. 2D08-2740, COURT OF APPEAL OF FLORIDA, SECOND DISTRICT, February 27, 2009, Opinion Filed
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Punsky v. Clay County Sheriff's Office, CASE NO. 1D07-3901, COURT OF APPEAL OF FLORIDA, FIRST DISTRICT, February 27, 2009, Opinion Filed
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Overview: The denial of benefits was affirmed because, although the presumption of ? 112.18(1), Fla. Stat. applied, competent substantial evidence of record supported a Judge of Compensation Claim's alternative ruling that the presumption was rebutted by the medical evidence that the worker's heart attack was due to a genetic condition involving cholesterol.

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