HCBA Lawyer Magazine Vol. 28, No. 3 | Page 73

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 | HCBA LAWYER 71