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Latest Stories from Eraclides Gazette

Professional Athletes And The Exception To Workers’ Compensation

By: Robert Laur, Associate, Sarasota Known for being predominately Claimant protective, Florida Legislators took a step in an unexpected direction in 2011 when they excluded certain dangerous professions from Workers’ Compensation coverage. In 2011, Section 440.02(17)(c)(3) was signed into law, which excludes professional athletes and race car drivers from coverage. Just three years later, in […]

Death: The Final Benefit

By: Michael Casto, Associate, Orlando In fairy-tales and movies, chimney sweeps always wear top hats and tails, and they are covered in soot.  This is not a fairy-tale or Mary Poppins, however, but rather workers’ compensation and real chimney sweeps.  Picture, if you will, Jordan Sean, a 57-year-old employee of Chimney Sweeps, Inc.  Picture Mr. […]

Social Security Offsets in Tennessee Workers’ Compensation

By: Lauren Ray Hall, Associate, Tennessee I recently handled a claim involving Social Security benefits in a Tennessee workers’ compensation case that, while unusual, raises an interesting question regarding a potential offset. In this case, the employee settled the Permanent Partial Disability (“PPD”) portion of his workers’ compensation claim and, after failing to return to […]


By: Russ Young, Partner, Sarasota On November 8, 2016, voters of the State of Florida passed a constitutional amendment by a 71% to 29% margin. This amendment legalized the use of medical marijuana for “debilitating medical conditions” when prescribed by a physician. Subsequently, the state legislature passed Florida Statute Section 381.986 entitled, “Medical Use of […]


By: Betsy Campo, Partner, Gainesville Ahhh…it is February, the month best known for Valentine’s Day and the celebration of love.  Much has been written about love. Love is a many-splendored thing.  All you need is love. Love makes the world go round. Love causes an increase in your experience mod. Wait…what?  Okay, that last one might not […]

Employer/Carrier Paid Costs

Ryan Knight, Associate, Miami For as long as most people in the industry can remember, the standard response on all petitions for benefits was “No PICA due or owing.” That all changed, however, with Judge Hedler’s opinion in Alfronseca v. Marco Barquero Painting, Inc., OJCC Case No. 16-009562TAH (October 13, 2017).  In this case, Judge […]

Could Data From a Claimant’s Fitbit Be More Useful Than Surveillance?

Chris Niemiec, Partner, Jacksonville   I recently took the deposition of a Claimant who was alleging a knee injury with ongoing complaints of pain and difficulty walking. To my surprise, he was wearing a Fitbit device on his wrist during the deposition. Wearable devices manufactured by companies such as Fitbit, Apple, and Google are designed […]

Injuries Suffered at Holiday Parties

By: Mallorie Milord, Associate, Miami The holiday season is always a time that brings people in the workplace together. Whether your office is hosting a potluck holiday party at the office, at a co-worker’s house, or at a nice restaurant, it’s bound to be a good time. The last thing on anyone’s mind is an […]