Judges of Compensation Claims Have the Authority to Take a Flexible and Holistic Approach to Permanent Total Disability Claims as the Triers of Fact. The Blake Methods Are Guidelines, Not Requirements.
By EsqSocial Corporation 19/04/24
Gulf Management, Inc. and Gallagher Bassett Services, Inc. v. Talmadge Wall, DCA#: 20-2037; JCC: Massey; Decision date: Nov. 29, 2023 - The employer/carrier in this matter appealed the judge of compensation claims’ award of permanent total disability (PTD) benefits. They argued that the judge’s decision was not sufficiently supported by the evidence and that the judge misapplied the Blake methods. See Blake v. Merck & Co., 43 So.3d 882 (Fla. 1st DCA 2010)....
By: Marshall Dennehey