Blog
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...
Morgan’s Tip of the Week – 1-Time Change Day!
Greetings, today is the day we all have to be extra careful to scour everything that came in late Wednesday or over the weekend for 1-time change requests. So far I only received one, a fax at 5:00 exactly on Tuesday, so it was actually a Wednesday request. As a...
Morgan’s Tip of the Week – Constitutional Challenge
Greetings, A few tidbits this week: 1) Oral arguments being held tomorrow at the 1st DCA on whether the Maximum Compensation rate is constitutional in Bosch v. Miami Herald, OJCC# 16-008192. The claimant’s AWW is $1,458.93, and 66 2/3% would be...
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...
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...
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...
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...
Briefly Speaking – FL Case Law Updates (10/17/17)
By: Ryan M. Knight – Miami Contributor: Tara Said – Pensacola To receive daily e-mails with case law summaries, please email esantos@eralcides.com Alonzie Wiggins v. Personnel Staffing Group JCC Medina-Shore: Miami District...
Morgan’s Tip of the Week – Out of State Accidents
Greetings, by special request, this tip will address Florida-based employee’s who are injured while working out of the state or country (due to the hurricanes or any reason). In general, if it is simply a business trip, the claimant would be considered a traveling...
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...