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Latest Stories from FL Legal Updates

FL Case Law Summaries – 4/21/16

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BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com 1ST DCA ORDERS Martha Miles v. City of Edgewater Police Dept./Preferred Governmental Claims Solutions and State of Florida Appeal of the Order from JCC Mark Massey DCA Order Date: April 20, 2016                           Case: 1D15-0165; D/A: 8/3/2011 & 11/29/2011 Appellant’s Counsel: Michael J. […]

FL Case Law Summaries – 4/20/16

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BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Erlan Charles v. R.E. Rich Family Holding Corp./Travelers Insurance JCC Kerr; Miami District; Order Date: April 18, 2016 OJCC Case: 15-021046MGK; D/A: 5/13/2015 Claimant’s Counsel: Clifford Moskowitz Employer/Carrier’s Counsel: Patricia Perez Briefly: PENALTIES AND INTEREST – JCC Kerr found there […]

FL Case Law Summaries – 4/19/16

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BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com 1ST DCA ORDERS Bonnie J. Scott v. Sears Holding Corporate and Sedgwick Claims, as Servicing Agent for AIG Appeal of the Order from JCC McAliley DCA Order Date: April 14, 2016 Case: 1D15-3787; D/A: 10/23/1999 Appellant’s Counsel: Mark Zientz Appellee’s Counsel: Mary […]

FL Case Law Summaries – 1/28/16

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BY:  Thomas G. Portuallo JCC ORDERS William VanWinter v. Frank Crum/Broadspire JCC Humphries; Jacksonville District; Order Date: January 26, 2016  OJCC Case: 12-003988RJH; D/A: 10/17/2011 Claimant’s Counsel: Daniel J. Glary Employer/Carrier’s Counsel: J. Craig Delesie, Jr. Briefly: ATTORNEY’S FEES – JCC Humphries found claimant’s counsel was not entitled to attorney’s fees because the Petition for […]

FL Case Law Summaries – 1/27/16

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BY:     Thomas G. Portuallo 1ST DCA ORDERS Nick Panebianco, Esq., the former attorney for the Employee/Claimant/Elizabeth Vasquez v. Jackson Health System and Cannon Cochran Management Services, Inc., and Elizabeth Vasquez Appeal of the Order from JCC Rosen DCA Order Date: January 25, 2016                       Case: 1D14-5501; D/A: 11/3/2007 Appellant’s Counsel: Nick Panebianco and Wendy […]

FL Tip of the Week: Update on New Constitutional Challenge

Morgan'sTip

Greetings, the Florida Supreme Court has set a date for Oral Arguments in Stahl, April 6, 2016.  The claimant’s counsel is arguing that the 2003 statutory changes went too far in reducing benefits and workers have been deprived of rights because they are blocked from pursuing claims in civil court, outside of WC.  Still no […]

FL Case Law Summaries – 1/22/16

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By:   Thomas G. Portuallo JCC ORDERS Aurelio Lawrence v. American Airlines/Sedgwick CMS JCC Massey; Tampa District; Order Date: January 20, 2016   OJCC Case: 11-010126MAM; D/A: 9/21/2010 Claimant’s Counsel: Toni Villaverde Employer/Carrier’s Counsel: Robert Donahue Briefly: ATTENDANT CARE – JCC Massey granted the claim for attendant care to be paid at the Federal Minimum Wage […]

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 […]

FL Tip of the Week: Evals only and Diagnostic Testing

Morgan'sTip

I was at the JCC’s office yesterday and one of the Orlando Judges was telling me about a case of his that was just heard before the 1st DCA regarding evaluations and diagnostic testing recommended by the treater.  This case involved a shoulder injury, and then subsequently, a referral for an MRI of the neck […]