Disability Law

No Action for Defamation Where Attorney's Statements About Claimant's Alleged Fraud Were Pure Opinion

By David A. McCranie, Esq.

Dreggors v. Wausau Ins. Co., decided on 8/22/2008, is just the latest in a series of court cases arising out of the alleged commision of workers' compensation fraud by the claimant, his wife, and his attorney. Because the facts are so involved, I simply haven't had time to write about the cases before now, but those interested can read two of those decisions here and here.  See also State v. Dreggors, 813 So.2d 170 (Fla. 5th DCA 2002); Horning-Keating v. State, 777 So.2d 438 (Fla. 5th DCA 2001).

This particular case involved an action for defamation by the claimant and his wife against Wausau (the workers' compensation carrier) and Wausau's attorney because of the attorney's statements to Orlando's Channel 9 News in which he described the case against the Dreggors as "the biggest workers' compensation fraud case in the history of Florida."  Under Florida law, statements of "pure opinion" are constitutionally protected and are therefore not actionable.  Because the Fifth DCA concluded that the attorney's statements were expressions of "pure opinion," the court affirmed the award of summary judgment in favor of the insurer and the attorney.

Full post as published by Florida Workers’ Compensation Law Blog on September 09, 2008 (boomark / email).