wOrKers’ COmPeNsatiON CaseLaw uPdate
Workers’ Compensation Section
Chair: Anthony Cortese - Anthony V. Cortese, Attorney at Law
T
he First District Court
of Appeals recently
announced several
decisions of importance
for practitioners.
In Blanco v. Creative Management
Services, No. 1D18-3745 (Fla. 1st
DCA 2019), the court ruled on a
hearsay issue conflicting with the
leading treatise. Before taking a job
with his employer, Blanco smoked
72
Blanco’s IME
cigarettes for 17
doctor testified
years, used an
that there had
inhaler frequently,
been a temporary
and had a medical
exacerbation of
diagnosis of
the preexisting
probable chronic
condition as a
obstructive
result of workplace
pulmonary disease
exposure. His
(COPD). In his
employer/insurance
claim, Blanco said
carrier attacked
his job required
Practitioners should
Blanco’s credibility
him to work with
take note of several
and offered an
airborne dust and
unauthenticated
debris that made
important recent
IME report that
his condition
decisions.
said the major
worse. After
contributing cause
eleven days of
of the problems
work, he went to
was not the workplace. The Judge
an emergency room and was
of Compensation Claims denied
diagnosed and treated for advanced
COPD and an exacerbation of
asthma.
Continued on page 73
JAN - FEB 2020
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HCBA LAWYER