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Latest Stories from Uncategorized

Briefly Speaking – FL Case Law Updates (6/1/18)

Harbor Freight Tools, Inc. v. Patricia Whitehead JCC Humphries: Jacksonville District                 Opinion Date: May 18, 2018 OJCC Case: 16-019425                                              Date of Accident: May 3, 2015 E/C’s Counsel: Daniel Schwarz & Gina Jacobs    Claimant’s Counsel: Daniel J. Glary JCC Order: Click Here                                               1st DCA Order: Click Here Briefly: 120 Day Rule – […]

Briefly Speaking – FL Case Law Update (4/23/18)

FIRST DCA ORDERS Joseph Ryals v. Escambia County BOCC JCC Winn: Pensacola District                            Opinion Date: March 27, 2018 OJCC Case: 15-006425                                       Date of Accident: April 30, 2014 Claimant’s Counsel: Brian Carter                      E/C’s Counsel: Patrick Luna JCC Order: Click Here                                       1st DCA Order: Click Here Summary: Major Contributing Cause – Claimant suffered a compensable […]

Morgan’s Tip of the Week – SOL

Greetings, The 1st DCA just issued a good ruling regarding the Statute of Limitations, Ring Power Corp. v. Murphy, 17-1316. In this case, the claimant had a fusion with rods and screws in 2006.  He last had treatment in 2013, and when he filed a PFB in 2016, the Employer/Carrier denied the claim as the […]

Briefly Speaking – FL Case Law Update (1/19/18)

Edward Webb v. Quality Stone JCC Clark: Ft. Myers District                              Order Date: January 2, 2018 OJCC Case: 16-023827                                       Date of Accident: November 4, 2013 Claimant’s Counsel: Bill B. Berke                    E/C’s Counsel: Daniel R. Goodman JCC Order: Click […]

Briefly Speaking – AL Case Law Update (11/28/17)

Ex Parte West Fraser, Inc. (2017 WL 4081311 – Sept. 15, 2017) West Fraser petitions the court for a writ of mandamus directing the trial court to vacate its order finding in favor of Thomas on the issue of compensability.  The trial court determined that Thomas had not yet reached maximum medical improvement and should […]

Briefly Speaking – FL Case Law Updates (10/26/17)

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 Decisions Rodney Puckett Jr. v. Vallencourt Construction JCC Humphries: Jacksonville District                 Opinion Date: October 10, 2017 OJCC Case: 13-018640                          Date of Accident: 06/14/2013 E/C’s Appellate Counsel: Kip Lassner & Daniel Schwarz […]

Deposition “Foe-pas”: You Can’t Make This Up

By: Betsy Campo, Partner, Gainesville   Ah…the claimant’s deposition–my favorite part of this job.  The claimant’s deposition is the opportunity when we get to meet the claimant in person and find out in their words how they got hurt, what they have been doing since the injury, and how their pain is currently.   Over 25 […]

Georgia: Pain Management Perspectives for Panel Physicians

By: Michael Schurdell, MD, Rome, Georgia   Recently, I attended a workers’ compensation conference where there was a discussion regarding which physician specialties should be included on a company’s workers’ compensation panel. They specifically discussed the benefits of incorporating an interventional pain management physician on the panel of providers.  The reaction of many lead me […]

Bonuses and the Average Weekly Wage

By: Chelsea Leonard, Associate, Orlando   A popular trend, in light of the Castellanos case in Florida which increased attorney fees for claimants’ counsel, is litigation over the Average Weekly Wage.  The slightest adjustment in the average weekly wage following litigation over the issue can lead to costly carrier paid attorney’s fees.   A recent JCC […]

Morgan’s Tip of the Week – 1-time Change Clock

Greetings, One of the JCC’s in West Palm Beach just issued a ruling on 1-time changes and when the 5-day clock starts.  This is not a 1st DCA decision, so it is not “law”, but it is an indication on how other judges might rule. As we all well know, the 1st DCA has previously […]