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FL Case Law Summaries – 7/11/16

BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com 1ST DCA ORDERS THG Rentals & Sales of Clearwater, Inc./Summit Holdings - Claims Center v. James C. Arnold Appeal of the Order from JCC Rosen DCA Order Date:...

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FL Case Law Summaries – 7/7/16

BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com UPDATE ON ATTORNEY’S FEES - HOW MUCH ARE THE COURTS AWARDING? The following is an update on JCC and DCA attorney fee decisions published in June 2016, since the...

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FL Case Law Summaries – 7/5/16

BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Frances M. DeRosa v. TJX Companies dba HomeGoods and Zurich American Insurance Company JCC Rosen; St. Petersburg District; Order Date: July 1, 2016...

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FL Case Law Summaries – 7/1/16

BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Pilar Rojas v. Hilton Worldwide, Inc. d/b/a Conrad Miami/Sedgwick CMS JCC Almeyda; Miami District; Order Date: June 29, 2016 OJCC Case: 14-016805ERA;...

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FL Case Law Summaries – 6/30/16

BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS David W. Buerki v. WW Pallet, Inc./AmTrust North America of Florida JCC Lorenzen; Tampa District; Order Date: June 27, 2016 OJCC Case: 15-022800EHL;...

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The Life of a Workers’ Compensation Claim After Death

By Sean Jordan, Associate, Orlando The exclusive-remedy provision of Florida Workers' Compensation law defines the sole and total liability of an employer for injuries to an employee and expressly extends to the husband or wife, parents, dependents, and next of kin...

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“But For” Does Not Apply in Alabama

By: Jamie Sanders, Partner, Birmingham How many jurisdictions apply the “but for” standard to the issue of compensability? You know, the premise that because the employee’s injury occurred at work it is compensable?  This seems like the plausible outcome, but hold...

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Attorney Fee Restrictions No Longer Miles Away

By: Fred Vitale, Associate, Tampa Just prior to the Florida Supreme Court’s decision in Castellanos, the First DCA issued another important opinion regarding attorney’s fees in Miles v. City of Edgewater Police Department, Case No. 1D15-0165, 41 Fla. L. Weekly D...

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FL Case Law Summaries – 6/28/16

BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com 1ST DCA ORDERS Deborah Evans v. Holland & Knight/Sentry Insurance Appeal of the Order from JCC Lorenzen DCA Order Date: June 24,...

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Tip Of The Week – Attorney Fees And Attendant Care

Greetings, With the reinstitution of hourly fees, we may see this old angle on attendant care make a comeback.  What we would often see is a PFB asking for attendant care, and after a review of the file, the adjuster would deny it as no doctor had prescribed...

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