OBIDIAH MCCASKILL, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Esis/ACE Am. Ins. Co. & Delta Air Lines, Inc. v. Kuhn, 104 So. 3d 1111 (Fla. 1st DCA 2012)
  …eration of the interests of the claimant.” § 440.20(12)(c)(2), Fla. Stat. (emphasis added). The legislature’s use of “may” — rather than “shall” — can only be interpreted as investing JCCs with discretion to act, Worthy v. Jimmie Crowder Excavating, 100 So. 3d 727, at 728 (Fla. 1st DCA 2012); this grant of discretionary [*1114] power, however, necessarily carries with it limitations in its exercise consistent with the statutory framework. Here, in contrast to subsection (d), which requires consideration of t…
• Shannon v. Cheney Bros. Inc. & The Travelers, 157 So. 3d 397 (Fla. 1st DCA 2015)
  …ner v. Miami Dade Public Schools, 148 So. 3d 152 (Fla. 1st DCA 2014) (reversing order denying an advance); ESIS/ACE Am. Ins. Co. v. Kuhn, 104 So. 3d 1111 (Fla. 1st DCA 2012) (reversing order awarding an advance); Worthy v. Jimmie Crowder Excavating, 100 So. 3d 727 (Fla. 1st DCA 2012) (affirming order denying an advance); HIT Promotional Prods. Inc. v. Krivdic, 84 So. 3d 1234 (Fla. 1st DCA 2012) (affirming order awarding an advance); Lopez v. Allied Aerofoam/Specialty Risk Servs., 48 So. 3d 888 (Fla. 1st DCA 2…
• Hattie Bonner v. Miami Dade Pub. Schools/Gallagher Bassett Servs., Inc., 148 So. 3d 152 (Fla. 1st DCA 2014)
  …we made clear in Lopez v. Allied Aerofoam, 48 So. 3d 888, 889 (Fla. 1st DCA 2010), “[sjection 440.20(12)(c)2. requires the JCC to consider the ‘interests of the person entitled [to the advance].”’ We distinguish Worthy v. Jimmie Crowder Excavating, 100 So. 3d 727 (Fla. 1st DCA 2012), on the ground that there the JCC “was unable to adequately consider Claimant’s interests” without additional evidence, which was Worthy’s burden to produce and prove, whereas here the JCC found he had sufficient evidence to give…

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