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Latest Stories from Eraclides Gazette

120 Day Update: Babahmetovic v. Scan Design’s Latest Incarnation

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By: Gina Case, Associate, Sarasota  On May 1, 2015, the First DCA issued an opinion in Babahmetovic v. Scan Design, 40 Fla. L. Weekly D 1030 (Fla. 1st DCA 2015) that appeared to stand for the proposition that an employer/carrier must actually elect the 120-day investigative period found in FS 440.20(4) by issuing a “120-day […]

Misconduct Defense Gets New Teeth in Florida

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By: David Halpern, Partner, West Palm Beach  In Florida, it is understood that an employee terminated for misconduct at some point after a work-related accident is not entitled to temporary partial disability (TPD) benefits. What is less clear is, (1) What exactly constitutes misconduct and, (2) is an employee terminated for misconduct permanently disqualified from […]

Georgia’s Occupational Illness & Injury Coverage Distinctions

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By: Ryan Lawson, Associate, Atlanta As we progress through the flu season, many of us will see the inevitable sickness claim come across our desks.  We are then faced with the question of compensability and whether we are required to provide treatment and/or out of work benefits for a sick employee. While we find that […]

New Twist to Prevailing Party Costs Established by the First DCA

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By: Michael Quiggins, Partner, Tallahassee The First DCA issued another curious decision in the claimant’s favor on December 28, 2015 in Jennings v. Habana Health Care Center, (1D15-1749) which essentially exposes the employer/carrier to pay litigation costs to the claimant for benefits it authorizes on a timely basis, if they are provided after the Petition […]

Georgia’s Posted Panel Changes

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By: Ryan Lawson, Associate, Atlanta On July 1, 2015, several legislative changes went into effect which slightly amended the workers’ compensation rules and statutes. Among these changes was an increase in the Temporary Total Disability and Temporary Partial Disability rates from $525.00/$350.00 to $550.00/$367.50, respectively; an increase to maximum death benefits to the surviving spouse […]

Settlement Negotiations Impacted by Harden

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By: Jonathan Alvarez, Associate, West Palm Beach Settlements arise as a result of an agreement between two parties. In theory, these agreements are contracts under the law. When an adjuster or defense attorney and a claimant’s attorney agree to settle a claim, it is understood that an enforceable contract has been created. However, simply agreeing […]