Legal Opinion

Phillip A. Fortune v. Gulf Coast Tree Care Inc./Florida Citrus etc.

District Court of Appeal of Florida

Decided October 12, 2014No. 1D13-5580PublishedCited by 8 opinions

1Per curiam

In this workers’ compensation case, Claimant argues that the Judge of Compensation Claims (JCC) erred in denying his claim for reimbursement of medical expenses, mileage, and co-payments incurred for treatment received following his May 19, 2011, accident. We agree and reverse the JCC’s denial of those reimbursements.

The relevant facts are not in dispute. Claimant suffered a dislocated shoulder after an assault by an angry bicyclist (a dentist), who rode up and punched Appellant as he was sitting in his vehicle preparing to enter a gated community to deliver an estimate to a customer.…

2Cases cited6 opinions

  1. Acosta v. RichterSupreme Court of Florida · 1996
  2. Lombardi v. Southern Wine & SpiritsDistrict Court of Appeal of Florida · 2004
  3. Parodi v. Florida Contracting Co., Inc.District Court of Appeal of Florida · 2009
  4. Airey v. WAL-MART/SEDGWICKDistrict Court of Appeal of Florida · 2009
  5. Perez v. Rooms to GoDistrict Court of Appeal of Florida · 2008

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3Cited by8 opinions

  1. Department of Revenue and Mark Cole etc. v. Laura Beth GraczykDistrict Court of Appeal of Florida · 2016
  2. Norman David Freeman and Christy Ann Freeman v. American Integrity Insurance Co. of FloridaDistrict Court of Appeal of Florida · 2015
  3. Allstate Indemnity Company v. Gady Abramson, D.C., P.A., Etc.District Court of Appeal of Florida · 2024
  4. Christina Fano Schultheis v. Milan SchultheisDistrict Court of Appeal of Florida · 2025
  5. Christina Fano Schultheis v. Milan SchultheisDistrict Court of Appeal of Florida · 2026

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