YLD Fall Happy Hour
the YLD enjoyed socializing after-hours with fellow members
at their fall happy hour on october 18 at the irish 31 Pub house
Continued from page 70
& eatery.
defendant appealed, arguing there should be either
no responsibility or at least a reduction for the
preexisting conditions. The circuit court affirmed the
ruling that unless the defense p roved that the plaintiff
was disabled immediately before the time of injury, or
that the preexisting conditions would have inevitably
progressed to the same extent in the absence of the
incident, there should be no reduction of damages.
(Compare this to the 51 percent major contributing
cause rule in section 440.09(1)(b), Florida Statutes).
These decisions reflect liability exposure if workers’
compensation immunity were eliminated, and the
more paternalistic federal rules on preexisting
conditions. Practitioners need to keep in mind these
possible additional claims for any non-crew workers
injured on ships over navigable waters or in certain
port locations.
Author: Anthony V. Cortese – Attorney at Law
thanks to the event’s sponsor:
Join the YLD at the
Coffee at the Courthouse &
Judicial Shadowing Day
on January 23.
More information
at hillsbar.com.
JAN - FEB 2018
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HCBA LAWYER
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