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Latest Stories from Eraclides Gazette

Difficulties with the Waiting Period under §440.12(1)

By:  Sal Coppolino, Associate, Jacksonville Florida Statute §440.12(1) created what is commonly known as the “waiting period” of indemnity benefits. In short, indemnity compensation is not due for the first 7 days of the claimant’s disability, unless the injury results in more than 21 days of disability. If the injury does result in more than […]

Potential For Settlement Of Supplemental Benefits Entitlement for Accidents Prior To 7/1/1984

By:  Ed Williamson, Senior Counsel, Jacksonville For dates of accident prior to July 1, 1984, the State of Florida pays supplemental benefits for the Claimant’s entire life, and the Carrier pays the base PTD benefit. The supplemental benefits are actually paid through the State of Florida Workers’ Compensation Trust fund. The Trust Fund is funded […]

Growing Pains – The Implementation of Florida’s New Opiate Prescription Laws

By:  Caitlin Oliver, Associate, Orlando As of July 1, 2019, a new Controlled Substances law went into effect in Florida which alters requirements for prescribing opiates.  House Bill 451, Nonopioid Alternatives, was approved by Governor DeSantis and requires that before providing anesthesia or prescribing, ordering, dispensing, or administering an opioid listed as a Schedule II […]

Do You Have the Heart to Sue? An Analysis of The Compensability of Heart Attack Claims in Georgia

By:  Kenny Bishop, Associate, Georgia In Georgia, heart attacks and strokes are not generally compensable as workers’ compensation injuries; however, if the Claimant can prove “by a preponderance of competent and credible evidence” that the Claimant’s employment duties caused or contributed to the condition, he may be able to collect workers’ compensation benefits. While the […]

Do Undocumented Workers Have Rights Under Workers’ Compensation?

By: Sean Callahan, Partner, Orlando According to the Pew Research Center, unauthorized immigrants made up 4.8% of the U.S. labor force in 2016, a decline since their peak of 5.4% in 2007. However, Florida had 5.6% (again, from 2016), which is obviously above the national average. Florida’s top industries for unauthorized immigrants include construction and […]

Treat Yo’ Self – Self-Help in FL Workers’ Comp.

By: Wes Heim, Associate, Tampa When treatment is denied in a pending comp. claim, an injured worker may be permitted to seek initial treatment at the expense of the Employer under Fla. Stat. 440.13(2)(c) (2003). The initial burden to the Claimant is to demonstrate a request for initial treatment/care and that a reasonable period of […]

New Texting (And Reading) While Driving Ban In Florida Began July 1

By: Chelsea England Leonard, Associate, Orlando Put that phone down! Answering emails, checking the headlines, and looking at dog memes while behind the wheel now comes with new consequences. A new, stricter law has gone into effect in Florida on July 1, 2019, banning texting while driving. Florida is on the tail end of states […]

The Virtue of Etiquette

By: Gina Case, Associate, Sarasota While I was visiting colleges during my senior year of high school, I clearly remember a quite unusual individual.  She must have been in her late 60’s with grey hair and a slender build.  But it wasn’t her age or looks that made her unusual.  Rather, it was her response […]

Firefighters Covered For 21 Kinds Of Cancer On July 1, 2019

By: Michael Arington, Associate, Jacksonville Under newly created Fla. Stat. 112.1816, firefighters will be covered for 21 types of cancer starting July 1, 2019. The new law also provides for a one time $25,000.00 payment upon the initial diagnosis along with a lifetime of benefits for the firefighter or death benefits for firefighter’s survivors. Although […]

Medical Necessity – 3 day or 10 day rule?

By: Kristofer Vander Pyl, Associate, Orlando To be compensable, the Florida Statute 440 requires the treatment, device, or aid be medically necessary. When it comes to the authorization of medical care, we only have two avenues of denial: 1) the major contributing cause of the initial or continued need for treatment is not the industrial […]