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The post below was published on Saturday, January 22nd, 2011 at 9:54 PM.

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First District: No Second Bites At The Apple — Well, Just Once More

This interesting decision held that the claimant in a workers’ compensation proceeding failed to prove that numerous medical bills represented compensable damages.

Okay, that is not very interesting. The interesting part involved how the court disposed of the case. The court observed that, generally, a party that fails to prove an element of a claim is not given a second chance to do so. The court further stated that the same is true in workers’ compensation cases, but because prior workers’ compensation cases had reversed and remanded for additional proofs, the court decided it would do so again in this case.

Judge Marstiller dissented on this point.

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