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Latest Stories from Eraclides Gazette

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. […]

Social Security Offsets in Tennessee Workers’ Compensation

By: Lauren Ray Hall, Associate, Tennessee I recently handled a claim involving Social Security benefits in a Tennessee workers’ compensation case that, while unusual, raises an interesting question regarding a potential offset. In this case, the employee settled the Permanent Partial Disability (“PPD”) portion of his workers’ compensation claim and, after failing to return to […]


By: Russ Young, Partner, Sarasota On November 8, 2016, voters of the State of Florida passed a constitutional amendment by a 71% to 29% margin. This amendment legalized the use of medical marijuana for “debilitating medical conditions” when prescribed by a physician. Subsequently, the state legislature passed Florida Statute Section 381.986 entitled, “Medical Use of […]


By: Betsy Campo, Partner, Gainesville Ahhh…it is February, the month best known for Valentine’s Day and the celebration of love.  Much has been written about love. Love is a many-splendored thing.  All you need is love. Love makes the world go round. Love causes an increase in your experience mod. Wait…what?  Okay, that last one might not […]