Blog
FL Case Law Summaries – 3/7/17
By: Ryan M. Knight Contributor: Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com First DCA Opinions Milovan Zekanovic v. American II, Corp., and Gallagher Bassett Services JCC Rosen: St....
A Spoon Full of Sugar
By: Gina Case, Associate, Sarasota As a business, insurance companies seek to provide appropriate benefits while minimizing loss. With this in mind, the goal of any adjuster is to administer claims paying out what is due and weeding out what is not. As with most...
Handling Cases Involving Cardiac Pathology in Georgia
By: Ryan Lawson, Associate, Atlanta Over the last few months, I have had the pleasure of handling a few unique cases involving cardiac pathology, including one heart attack case victory in December, and another rather complicated claim involving a cardiac-related...
One Time Changes Once Again Changed
By: Mike Quiggins, Partner, Tallahassee In our January edition of the Eraclides Gazette, Miami attorney Matthew Colon discussed the influx of claimant requests for one time change of physicians of a different specialty, especially in cases where the 5 day carrier...
The MCC Standard in Competing Work Injury Cases: A Claimant’s Settled Work Injury vs. New Work Injury
By: Christopher Mossallati, Associate, Fort Myers Over the past several years, carriers have had to significantly adjust their decision-making in cases involving prior work injuries and major contributing cause (MCC). The First DCA rendered an opinion in Pearson v....
FL Case Law Summaries – 3/1/17
By: Ryan M. Knight Contributor: Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com JCC ORDERS David Dove v. Bennett Auto Supply and Travelers Insurance JCC Owens: Port St. Lucie...
Morgan’s Tip of the Week – Idiopathic Claims
Greetings, the 1st DCA just affirmed (without written opinion) a JCC decision denying a claim for idiopathic/MCC, in Wendall v. Enterprise/York (links below). In this case, an 86 year old claimant simply fell while walking. She did not know what caused her to...
FL Case Law Summaries – 2/21/17
By: Ryan M. Knight Contributor: Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com UPDATE ON ATTORNEY’S FEES - HOW MUCH ARE THE COURTS AWARDING? The following is an update on JCC and DCA...
Morgan’s Tip of the Week – Daubert Standard/Apportionment
Greetings, Today the Florida Supreme Court declined to adopt the Fla Legislature’s change to the Florida Evidence Code to include the “Daubert” standard. “Daubert” effectively put an end to Apportionment and also put any of our doctor’s opinions at risk if...
Morgan’s Tip of the Week – Waiting Period
Greetings, Several times a year the question comes up about when the 7 day waiting period for indemnity under 440.12 (1) actually starts. Do you count days the claimant is back at work earning 80% of their AWW as days toward the waiting period even if there is no...