BREWER ET AL.

v.

UNITED STATES

Citator

Cited By

• Butler v. BAY Center/CHUBB Ins. Co., 947 So. 2d 570 (Fla. 1st DCA 2006)
  …99 So. 2d 1353, 1355 (Fla. 1st DCA 1992) (explaining that an amendment to the method of obtaining wage loss was procedural where it altered “an evidentiary vehicle which supports such a claim.”), review denied, 613 So. 2d 6 (Fla.1992), cert. denied, 508 U.S. 913, 113 S.Ct. 2350, 124 L.Ed.2d 258 (1993); City of Clermont v. Rumph, 450 So. 2d 573, 575 (Fla. 1st DCA 1984) (characterizing as procedural, a “burden-of-proof enactment”). I note the majority’s reliance on St. Augustine Marine Canvas & Upholstery, In…
• Waffle House & O'Steen Adjusting Servs. v. Lecia Hutchinson, 673 So. 2d 883 (Fla. 1st DCA 1996)
  …claims makes a determination of the parties’ rights or otherwise affects the parties’ burden of proof. Id. at 1377; Litvin v. St. Lucie County Sheriff`s Department, 599 So. 2d 1353 (Fla. 1st DCA), rev. denied, 613 So. 2d 6 (Fla.1992), cert. denied, 508 U.S. 913, 113 S.Ct. 2350,124 L.Ed.2d 258 (1993). We have already observed that “a carrier that neither pays nor timely denies compensability ‘is deemed to have accepted the employee’s injuries as compensable’ ” under subsection 440.192(8). City of Crestview…
• Brown v. L.P. Sanitation & CNA Ins. Co., 689 So. 2d 332 (Fla. 1st DCA 1997)
  …e County Sheriffs Dep’t. 599 So. 2d 1353, 1355 (Fla. 1st DCA 1992)(“application of procedural amendments such as burden of proof enactments is not constrained by the date of accident or injury”), review denied, 613 So. 2d 6 (Fla.1992), cert. denied, 508 U.S. 913, 113 S.Ct. 2350,124 L.Ed.2d 258 (1993). Allowing recovery of overpayments occurring on or after January 1, 1994, does not give retroactive effect to section 440.15(13), Florida Statutes (Supp. 1994), in any event. The overpayments, not the industria…