Legal Opinion
Capps v. Buena Vista Construction Co.
District Court of Appeal of Florida
Decided May 21, 2001No. 1D99-0898PublishedCited by 1 opinion
1Opinion of the CourtBrowning, J.
Donald Capps, the claimant, appeals the judge of compensation claims’ (JCC) order denying and dismissing with prejudice his claims for methadone treatment, methadone reimbursement, mileage, and attorney’s fees and costs connected to the claims for methadone treatment. The JCC found these claims are precluded by the operation of section 440.02(1), Florida Statutes (1989), as construed in Milmir Constr. Co. v. Smith, 582 So.2d 52 (Fla. 1st DCA 1991), because the claimant had a pre-existing, long-established narcotic dependency, which arose from medical treatment for a work-related injury and…
2Cases cited16 opinions
- Protectu Awning Shutter Co. v. ClineSupreme Court of Florida · 1944
- Ballard v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1971
- Davis v. Artley Construction Co.Supreme Court of Florida · 1944
- Henderson v. Sol Walker and CompanySupreme Court of Florida · 1962
- McAree v. Gerber Products CompanySupreme Court of Rhode Island · 1975
11 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Pic 'N Save v. ParkerDistrict Court of Appeal of Florida · 2002