Florida/Georgia Personal Injury & Workers Compensation

...roper only in Alachua County, so that UF's venue motion should have been granted. In reaching this conclusion, we recognize that Woodfin involved a statute that also employed the mandatory language of "shall." However, that statute, Florida Statutes section 24.110, did not involve two sentences providing home venue privileges yet differentiating between them as in the present case....

...In other words, we look for substantial evidence supporting the agency’s final decision. See 5 U.S.C. § 706(2)(E). However, in 2007, the Secretary of Labor revised the ARB’s standard of review of an ALJ’s factual findings in an ERA case from de novo review to substantial evidence review. See 29 C.F.R. § 24.110(b)....

...evidence, we must review the ALJ’s RDO to see if it, rather than the ARB’s FDO, was in fact based on substantial evidence. Pursuant to the Secretary of Labor’s regulation, the ARB should have reviewed the ALJ’s factual findings for substantial evidence. 29 C.F.R. § 24.110(b)....

...egle’s employment. The question for the ARB, however, was not whether the ARB could support alternative factual findings with substantial evidence, but whether the ALJ could support its original findings with substantial evidence. See 29 C.F.R. § 24.110(b); see also Adefemi v....

...issue [was] legal, not factual.” Calle v. U.S. Att’y Gen., 504 F.3d 1324, 1330 (11th Cir. 2007). The unresolved issues in the instant case are based on factual findings and will require the ARB to consider whether the ALJ’s RDO was based upon substantial evidence. See 29 C.F.R. § 24.110(b)....

...driver. We review the trial court's denial of a motion for change of venue using the abuse of discretion standard. Rivera v. State, 859 So.2d 495, 511 (Fla.2003); Safety Nat. Cas. Corp. v. Florida Mun. Ins. Trust, 818 So.2d 612 (Fla. 5th DCA 2002). Section 24.110, Florida Statutes, states that "venue for all civil or administrative actions against the department shall be in Leon County." The Department argues that the so-called "home venue" provision is clear and unambiguous, and should be given its plain and obvious meaning unless doing so would create an absurd result....

...er circumstances presented and the interests of the other parties. Id. at 394 (emphasis added). We conclude that the Grice considerations of "justice, fairness, and convenience" apply to the facts of this case and that this exception should apply to section 24.110....

...ALJ’s findings and conclusions in an FWPCA claim. “[I]n 2007, the Secretary of Labor revised the [Board’s] standard of review of an ALJ’s factual findings . . . from de novo review to substantial evidence review.” Stone & Webster, 684 F.3d at 1132; see also 29 C.F.R. § 24.110(b) (“The [Board] will review the factual findings of the ALJ under the substantial evidence standard.”)....

...ts to supervisors and coworkers, even if those complaints ultimately lack merit. Stone & Webster Eng’g Corp. v. Herman (“Stone & Webster I”), 115 F.3d 1568, 1575 (11th Cir. 1997), superseded in part by regulation on other grounds, 29 C.F.R. § 24.110(b); Bechtel Constr....

...All matters arising out of or proceeding under the following provisions of Florida Statutes (1993) will be assigned to the Administrative Division: (a) Chapter 120 (the Florida Administrative Procedure Act) (b) Chapter 440 (the Florida Workers' Compensation Act) (c) Section 24.110 (All civil or administrative actions against the Lottery Department) (d) Section 39.074 (Decisions of Governor and Cabinet regarding siting of juvenile facilities) (e) Section 72.011 (Actions by taxpayers, resident and non-resident, ch...

...In other words, we look for substantial evidence supporting the agency’s final decision. See 5 U.S.C. § 706(2)(E). However, in 2007, the Secretary of Labor revised the ARB’s standard of review of an ALJ’s factual findings in an ERA case from de novo review to substantial evidence review. See 29 C.F.R. § 24.110(b)....

...evidence, we must review the ALJ’s RDO to see if it, rather than the ARB’s FDO, was in fact based on substantial evidence. Pursuant to the Secretary of Labor’s regulation, the ARB should have reviewed the ALJ’s factual findings for substantial evidence. 29 C.F.R. § 24.110(b)....

...egle’s employment. The question for the ARB, however, was not whether the ARB could support alternative factual findings with substantial evidence, but whether the ALJ could support its original findings with substantial evidence. See 29 C.F.R. § 24.110(b); see also Adefemi v....

...issue [was] legal, not factual.” Calle v. U.S. Att’y Gen., 504 F.3d 1324, 1330 (11th Cir. 2007). The unresolved issues in the instant case are based on factual findings and will require the ARB to consider whether the ALJ’s RDO was based upon substantial evidence. See 29 C.F.R. § 24.110(b)....

...In other words, we look for substantial evidence supporting the agency’s final decision. See 5 U.S.C. § 706(2)(E). However, in 2007, the Secretary of Labor revised the ARB’s standard of review of an ALJ’s factual findings in an ERA case from de novo review to substantial evidence review. See 29 C.F.R. § 24.110(b)....

...evidence, we must review the ALJ’s RDO to see if it, rather than the ARB’s FDO, was in fact based on substantial evidence. Pursuant to the Secretary of Labor’s regulation, the ARB should have reviewed the ALJ’s factual findings for substantial evidence. 29 C.F.R. § 24.110(b)....

...egle’s employment. The question for the ARB, however, was not whether the ARB could support alternative factual findings with substantial evidence, but whether the ALJ could support its original findings with substantial evidence. See 29 C.F.R. § 24.110(b); see also Adefemi v....

...issue [was] legal, not factual.” Calle v. U.S. Att’y Gen., 504 F.3d 1324, 1330 (11th Cir. 2007). The unresolved issues in the instant case are based on factual findings and will require the ARB to consider whether the ALJ’s RDO was based upon substantial evidence. See 29 C.F.R. § 24.110(b)....

“shall.” However, that statute, Florida Statutes section 24.110, did not involve two sentences providing home