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Latest Stories from Eraclides Gazette

Do Undocumented Workers Have Rights Under Workers’ Compensation?

By: Sean Callahan, Partner, Orlando According to the Pew Research Center, unauthorized immigrants made up 4.8% of the U.S. labor force in 2016, a decline since their peak of 5.4% in 2007. However, Florida had 5.6% (again, from 2016), which is obviously above the national average. Florida’s top industries for unauthorized immigrants include construction and […]

Treat Yo’ Self – Self-Help in FL Workers’ Comp.

By: Wes Heim, Associate, Tampa When treatment is denied in a pending comp. claim, an injured worker may be permitted to seek initial treatment at the expense of the Employer under Fla. Stat. 440.13(2)(c) (2003). The initial burden to the Claimant is to demonstrate a request for initial treatment/care and that a reasonable period of […]

New Texting (And Reading) While Driving Ban In Florida Began July 1

By: Chelsea England Leonard, Associate, Orlando Put that phone down! Answering emails, checking the headlines, and looking at dog memes while behind the wheel now comes with new consequences. A new, stricter law has gone into effect in Florida on July 1, 2019, banning texting while driving. Florida is on the tail end of states […]

The Virtue of Etiquette

By: Gina Case, Associate, Sarasota While I was visiting colleges during my senior year of high school, I clearly remember a quite unusual individual.  She must have been in her late 60’s with grey hair and a slender build.  But it wasn’t her age or looks that made her unusual.  Rather, it was her response […]

Firefighters Covered For 21 Kinds Of Cancer On July 1, 2019

By: Michael Arington, Associate, Jacksonville Under newly created Fla. Stat. 112.1816, firefighters will be covered for 21 types of cancer starting July 1, 2019. The new law also provides for a one time $25,000.00 payment upon the initial diagnosis along with a lifetime of benefits for the firefighter or death benefits for firefighter’s survivors. Although […]

Medical Necessity – 3 day or 10 day rule?

By: Kristofer Vander Pyl, Associate, Orlando To be compensable, the Florida Statute 440 requires the treatment, device, or aid be medically necessary. When it comes to the authorization of medical care, we only have two avenues of denial: 1) the major contributing cause of the initial or continued need for treatment is not the industrial […]

The Psychology of Pain and Marijuana Treatment in the Context of Workers’ Compensation – What’s Next for Florida Claims?

By: Marian Greer, Associate, Sarasota On a national level, there are claimant-friendly changes underway. According to industry commentators, trends toward lowering the cost of care, political changes in many states, and a more holistic view of injuries may impact the industry. Here in the Sunshine State, continued developments in what might be called “liberal” judicial […]

You down with CBD? (Yeah you know me!)

By: Sabrina Persuad, Associate, Tampa Cannabidiol, better known as “CBD”, is becoming increasingly popular and generating quite the buzz. In fact, Naughty by Nature called and changed the lyrics to their 1991 hit “O.P.P.” to “CBD”. I’m kidding. CBD is a naturally occurring substance found in the bud and flowers of the cannabis plant, including […]

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. […]