Blog
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...
Morgan’s Tip of the Week – “High” Exposure Claims
Greetings, Soon we could be faced with claimants who, as my grandmother would say, are “taking the pot”. And I have recently been asked by several clients how to deal with “certifications” for usage of medical marijuana (it will be called a certification and not a...
Morgan’s Tip of the Week – PFB Responses
Greetings, well we are almost 11 months into the post-Castellanos world, and one thing is for certain; there has been an increase in Petitions for Benefits. Compiling the good and the bad of what I have seen over the past few months, here are a few do’s and dont’s...
Morgan’s Tip of the Week – Attorney Fee Trends
Greetings, as part of our Firm’s Briefly Speaking updates, a separate update is done on just the attorney fee awards so we can all track our exposure. For January, for the cases that went to a fee hearing, the dollars awarded were: Hourly rate Total Venue...
Morgan’s Tip of the Week – 1 Time Change Stays The Same
Greetings, The 1st DCA again addressed issues with the 1-time change section of the statute (440.13(2)(f) in Zekanovic v. American II, Corp (1D16-3669) last month. In this case, the claimant requested his 1-time change on 12/23, and given the 5 calendar days to...
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...