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Latest Stories from Eraclides Gazette

TPD Eligibility After Post-Accident Termination For Cause: Do I Really Have To Pay This Claimant?

By: Abby L. Loeffler, Associate, Jacksonville Generally, temporary partial disability (TPD) benefits are payable to a claimant if the claimant has not reached overall maximum medical improvement from the injury and the medical conditions resulting from the injury create restrictions on the claimant’s ability to work. To establish entitlement to TPD benefits, the claimant must […]

Is the Maloney Burden Malarkey?

By: Kenny Bishop, Associate, Atlanta In the well known case, Maloney v. Gordon Farms, the Supreme Court established the burden of proof a claimant bears in order to claim entitlement to disability benefits after termination, which is commonly known as the Maloney Burden. In order to successfully prove this burden, the claimant must prove that […]

Why Do Defenses Matter?

By: Rachel Perez Delgado, Associate, Jacksonville With the end of another glorious football season in sight, now is a great time to remember why the best offense is a good defense. There are many defenses in workers’ compensation that are deemed waived if not timely raised. One recent JCC case, Burgess v. Environment Control of […]

This Thanksgiving I am Thankful for the New PMTb in Georgia

By Kenny Bishop, Associate, Atlanta Prior to the establishment of the PMTb, the Petition for Medical Treatment (hereinafter PMT), took effect on July 1, 2017 as a tool Claimants could use to expedite medical treatment or testing requested by an authorized medical provider.  If a PMT is filed, a telephonic conference will be scheduled no […]

To Appeal or Not Appeal – That Is the Question

By: Tara Said, Partner, Pensacola You worked up your case, felt you had great defenses and just knew that the Judge would buy into your argument. You lined up your witnesses and timely filed everything you were going to rely on. There is no way you could lose this hearing. You put on your case, […]

The One With all the Holiday Parties

By: Sabrina Persaud, Associate, Tampa ‘Tis the season! The holidays are here, winter is coming (for all you Frozen fans, that would be Elsa), and we all know what that means – holiday parties! Food, coquito, merriment, dancing, eggnog, work accidents, and so on. No, your eyes have not deceived you and you read that […]

One Time Change Requests and Holidays

By: Alec Powers, Associate, Orlando It’s that time of the year again. There is a palpable sense of bliss is in the air as the major holidays are upon us. It is the Wednesday before Thanksgiving, and all you want to do is leave work early to get to your family, friends, and pets. Well, […]

Georgia’s Petition for Medical Treatment – Expansion to Cover Employer’s Request to Compel Attendance at Medical Examination

By:  Trisha Holland Lindsay, Associate, Georgia   On September 1, 2019, the Georgia State Board’s revised 2019 Board Rules went into effect.  The new Rules include a new process allowing Employers and Insurers to request a Teleconference to compel the Claimant to attend medical examinations using the same process recently created to allow Claimants to […]

New Georiga Case Law Clarifying the Intersection of the “Lunch Break Defense” and the “Ingress and Egress Doctrine:”

By: Zachary Kunz, Associate, Georgia   In Georgia, we know that employees who are hurt during a “regularly scheduled break” are generally not compensable. Wilkie v. Travelers Ins. Co., 124 Ga. App. 714 (1971). The so called “Lunch Break Defense” applies even if the injury occurs “within working hours and on the employer’s premises.”  An […]

While Claims May Make You Cringe and Scream, May Luck Be Yours on Halloween!

By: Betsy Campo, Partner, Gainesville   The date was October, 1991.  After the first few stressful weeks of my third year of law school, I was looking forward to the annual “Come Dressed as Your Favorite Tort Case or Television Character” Halloween party hosted by some 3Ls.  My friend Troy and I sported khaki pants, […]