Blog
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...
FL Case Law Summaries – 2/6/17
By: Ryan M. Knight Contributor: Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com 1st DCA ORDERS RetailFirst Insurance Co. and ServPro of S.E. Florida v. Brenton Davis JCC Lorenzen: Tampa...
Morgan’s Tip of the Week – 1-Time Change
Greetings, Last week the 1st DCA issued a good decision for us in the 1-time change arena in RetailFirst Ins. v. Davis (1D16-2310) attached. The court ruled that when an Employer/Carrier does not timely respond to a claimant’s request for a 1-time change within the...
Morgan’s Tip Of the Week – PTD Trends
Greetings, In my last tip I mentioned the rise in PTD claims, and also that (in my opinion) it is now easier to prove PTD. Boy did that prompt a lot of questions, so here goes: One of the impacts of Castellanos is some (not all) claimant’s attorneys are hanging on...
FL Case Law Summaries – 1/23/17
By: Ryan M. Knight Contributor: Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com 1st DCA ORDERS City of Hialeah/Sedgwick CMS v. Tony Bono JCC Castiello: Miami...
New Pitfalls to Avoid Regarding One-Time Changes in Florida
By: Matthew Colon, Associate, Miami In more ways than one, the law resembles a computer program. It is often nothing more than a series of parameters to which things must be confined. In order for Z to occur, X and Y must be present. Thankfully for me my...
Georgia’s Return to Light Duty and the WC-240 Process
By: LeRyan Lambert, Associate, Atlanta One of the most common and confusing procedures that Georgia employers and insurers face is forcing a claimant to return to work in order to suspend indemnity benefits. Simple procedural errors can cost weeks of additional...