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Certified Conflict: Presuit Notice

By Matt Conigliaro, Esq.

If a person files a workers' compensation claim and is fired as a result, is the person's claim for retaliatory discharge under section 440.205 a claim that first requires presuit notice be given under section 768.28? The Fifth District said no in this decision. The court held that the presuit notice feature of section 768.28 is intended to apply only to common law-based torts for which the

Full post as published by Abstract Appeal on April 14, 2009 (boomark / email).