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Latest Stories from Eraclides Gazette

Medical Necessity—Speak Now or Forever Lose the Right

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By: Mary Frances Nelson, Partner, Fort Myers The Florida Legislature recently wrapped up its 2017 session with no new workers’ compensation laws. One of the bills presented attempted further regulation of medical necessity and responses by a carrier. A bill proposed by the House actually required that a decision to accept or deny must be […]

A Workers’ Comp Approach to the Compounded Creams Conundrum

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By: Alex Lyle, Associate, Sarasota Compound medications are typically medically indicated in cases where a patient cannot tolerate commercially available medications approved by the FDA. For instance, when a person is allergic to one of the inactive ingredients in a drug, it would be appropriate for a compounding pharmacy to make a similar medication minus […]

Georgia Workers’ Compensation Claim Cost-Control Part 1: Panel of Physicians

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By: LeRyan Paige Lambert, Senior Counsel, Atlanta Workers’ compensation benefits are important to protect companies from costly general liability exposure and for workers who genuinely suffer injury or disability. Too often though, either the workers or their representatives exploit this benefit for illegitimate financial gain. Some also strategically create unnecessary litigation costs to create a […]

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 […]