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Latest Stories from Eraclides Gazette

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, […]

TPD Entitlement After Termination?

By: James Colquitt, Associate, Orlando   A common source of confusion is entitlement to TPD benefits after a claimant is terminated. It is no surprise that this is a frequently litigated issue. With regards to the burden to establish a causal connection between a claimant’s compensable injury and subsequent wage loss, the test used to […]

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 […]