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Latest Stories from 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 […]

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 […]