Blog
Tip Of The Week – SOL And Payment of Attorney Fees
Greetings, Due to the Castellanos decision, we are now seeing many claimant attorney’s seek attorney fees on issues that were resolved long ago. As you may recall, under the Longley case, if all issues are dismissed with the exception of a reservation on...
FL Case Law Summaries – 6/3/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Marie Laurore v. Aimbridge Hospitality LP/Zurich American Insurance Company JCC Lorenzen; Tampa District; Order Date: May 31, 2016 OJCC Case:...
FL Case Law Summaries – 5/31/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Dawn McDonald (deceased) and Kevin McDonald v. Faneuil, Inc./Travelers Insurance JCC Condry; Orlando District; Order Date: May 26, 2016 OJCC Case:...
FL Case Law Summaries – 5/27/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com 1ST DCA ORDERS Cory Fairbanks Mazda/PMA Insurance Group v. Connie Minor Appeal of the Order from JCC Sculco DCA Order Date: May 25,...
Tip of the Week – Attorney Fee Orders
Greetings, In all of the noise generated by the Castellanos case, the Miles case (below) has been overshadowed. I’ve received a few emails today about the different orders carriers are now seeing, and it’s mostly as a result of this case. Under Miles, a claimant...
FL Case Law Summaries – 5/24/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Patria Owens v. Harvest/Holiday Retirement - Spring Oaks/Liberty Mutual Insurance JCC Lorenzen; Tampa District; Order Date: May 23, 2016 OJCC Case:...
Heart Claims: Doing The Two Step
By: Michael Arington, Associate, Jacksonville The First DCA recently made it harder to rebut the statutory presumption of compensability for heart conditions involving congenital conditions. In two cases where the heart disease was congenital, the judges said an...
Is This Panel Really Invalid? New Laws in Georgia Impact this Popular Question
By: Dan Cauley, Associate, Atlanta In order to control the medical care of an injured worker in Georgia, the employer must have maintained a valid Panel of Physicians. Among other requirements listed under O.C.G.A. § 34-9-201, Georgia law requires the panel itself...
If You Don’t Use It, You May Lose It: Res Judicata and Claimant’s Absolute Right to a One-Time Change in Physician
By: Peter K. Manso, Associate, West Palm Beach On April 21, 2016, Judge Sojourner of the Lakeland district issued an order in which she ruled that when an accident is compensable and a previous final order is issued finding no further treatment is necessary, the...
Using DWC-19s to Help Mitigate Attorney Fee Exposure
By: Matt Colon, Associate, Miami As any good Floridian knows, when a hurricane’s cone of danger sets its gaze upon the Sunshine State, it is time to batten down the hatches. We all know to stock up on water, canned fruit salad, and batteries. We shutter our...