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Latest Stories from Uncategorized

Briefly Speaking – FL Case Law Summaries (6/22/17)

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By:                    Ryan M. Knight – Miami Contributor:   Tara Said – Pensacola To receive daily e-mails with case law summaries, please email esantos@eralcides.com JCC ORDERS Teresa Russell v. Residence Inn JCC Holley: Jacksonville District                           Order Date: May 26, 2017 OJCC Case: 16-009566                                              Date of Accident: 02/24/2015 Claimant’s Counsel: Michael Rudolph                E/C’s Counsel:  David Drill […]

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 […]

Briefly Speaking – FL Case Law Summaries (6/9/17)

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By:                    Ryan M. Knight – Miami Contributor:   Tara Said – Pensacola To receive daily e-mails with case law summaries, please email esantos@eralcides.com May 2017 Attorney Fees & Costs Orders Maria Arciniega v. Dade County School Board JCC Medina-Shore: Miami District                   Order Date: May 9, 2017 OJCC Case: 14-019085                                            JCC Order: Click Here Claimant’s Counsel: Mario […]

Morgan’s Tip of the Week – 3 and 10 Day Rules

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  Greetings, I have had several clients ask me about the 1st DCA decision from earlier this week, AT&T Communications v. Russo (1D16-3971) regarding the “3-day” and “10 day rule”, Fla Stat 440.13(3) d and i. In actuality, this is nothing new, see the Elmer case below from 2009. The statute says when you get […]

FL Case Law Summaries – 5/4/17

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By:                    Ryan M. Knight – Miami Contributor:   Tara Said – Pensacola To receive daily e-mails with case law summaries, please email esantos@eralcides.com First DCA Opinions David Koch v. Pat Salmon & Sons JCC Humphries: Jacksonville District                 Opinion Date: April 24, 2017 OJCC Case: 16003630                                              Date of Accident: 10/27/2012 Claimant’s Counsel: Monte Shoemaker             […]

FL Case Law Summaries – 4/27/17

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By:                    Ryan M. Knight – Miami Contributor:   Tara Said – Pensacola To receive daily e-mails with case law summaries, please email esantos@eralcides.com February & March 2017 Attorney’s Fees & Costs Orders Carlos R. Iraheta v. Laiton Incorporated/Guarantee Insurance Co. JCC Pitts: Orlando District                                      Order Date: February 3, 2017 OJCC Case: 11-021134                                               JCC […]

Morgan’s Tip of the Week – WC Legislative Update

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Greetings, I have been getting a lot of questions about what is going on in the Fla Legislature regarding proposed changes to the WC law.  A bill has passed the House of Representatives and a Senate bill has passed committee but will need to be voted on by the entire Senate.  And then a reconciled […]

Tip of the week- Termination and TPD

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    Greetings, by special request, I am doing this tip on the effect  a termination of employment has on TPD benefits. A.   If the claimant voluntarily resigns, and the employer was providing light duty with no loss of earnings in the 80/80 formula, you can deny TPD.  However, a few caveats from the caselaw: […]