Blog
Morgan’s Tip of the Week – 3 and 10 Day Rules
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...
FL Case Law Summaries – 5/4/17
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 Opinions David Koch v. Pat Salmon & Sons JCC Humphries: Jacksonville District ...
FL Case Law Summaries – 4/27/17
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...
Morgan’s Tip of the Week – WC Legislative Update
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...
Tip of the week- Termination and TPD
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...
Tennessee Case Law Update: When is an Overdose Compensable?
Do you have employees/claimants treating in pain management or with narcotics? Do you worry that overdose could result in fatal consequences, and whether that’s compensable? With the pain pill epidemic and risk of dependence and abuse, these are timely questions...
Occupational Exposure Victory in Alabama
Erin Agricola and Matthew Williams successfully defended a workers’ compensation lawsuit on behalf of a large tire manufacturer in February 2017. On or about September 20, 2015, while working in the line and scope of his employment, Plaintiff Jim Knox suffered an...
Raise it or Lose it: Attorney Fee Exposure on Petitions
By: Sean O’Neil, Associate, Jacksonville It is hardly a unique situation-- the claimant files a Petition for Benefits seeking an orthopedic referral or authorization of diagnostic testing while under the care of an authorized physician, but fails to attach the...
To Modify, Rent, or Buy: Catastrophic Injury Considerations
By: Ya’Sheaka Williams, Partner, Tampa What is the employer/carrier’s responsibility to an injured worker when an injury causes such disability that their current residence cannot accommodate them? This occurs in cases where the claimant sustains a catastrophic...
Preventing a Headache from Turning into a Nightmare: Compensability of Subsequent Injuries
By: Ryan Knight, Associate, Miami It is every adjuster’s worst nightmare, a serious accident followed by the development of an even more serious medical condition. What happens when a claimant is involved in a compensable accident and then suffers a heart attack or...