Practice Areas

Workers’ Compensation Defense

Eraclides Gelman represents many national insurance carriers and third party administrators, as well as large national retailers, PEO's, staffing companies, hospitals, municipalities and other businesses. We defend workers compensation fraud charges, compensability disputes, medical causation disputes, coverage disputes, and any and all areas within the workers compensation system. Below please find Final JCC Orders and First DCA opinions which are representative of our successful litigation efforts.

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General Liability Defense

Our general liability attorneys are skilled to assist our clients with investigating and litigating liability matters from the time of loss through trial and appeal. We consult with our self-insureds, insurers and third party administrator to develop settlement and litigation strategies that aid to promptly and economically bring claims to closure. The scope of our Third Party Defense representation includes motor vehicle liability claims, including common carrier liability, construction defect claims, premises liability claims and product liability claims.

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First Party Property Defense

Our first party defense attorneys represent national and regional insurers in disputes with homeowners over losses resulting from windstorms, hurricanes, sinkholes, water and flood damage, fire, arson and mold. We work closely with our clients to identify subrogation sources and partner with our clients’ special investigation units to identify fraudulent claims and take all necessary steps to dismiss fraudulently litigated first party claims.

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Longshore

Eraclides Gelman provides defense services to Carriers and Employers for accidents and claims arising under the Longshore and Harbor Workers' Compensation Act, and all of the Acts extensions, including the Defense Base Act. We defend claims in all jurisdictions throughout the United States of America. We defend and thoroughly investigate LHWCA claims, including claims involving occupational exposure which can be brought decades after an Employee no longer works in covered employment through the Insured Employer.

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Medicare Compliance

Eraclides Gelman's Medicare Compliance Department, made up of MSCC certified attorneys and specialized support staff, handles the intricacies of the Medicare Secondary Payer Statute in both the workers compensation and liability arenas from a legal perspective. This includes determining when a Medicare Set Aside is advisable, preparing well-reasoned MSA allocations, submitting MSA proposals to CMS for review when appropriate, conducting Conditional Payment inquiries and obtaining reductions in Conditional Payment demands, preparing protective language in settlements, and providing consulting and mediation assistance in claims with Medicare implications. We also provide educational services in this area for our clients, tailored to their particular needs.

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