Blog
Michael D. Kiner Has Become A Partner
Eraclides, Gelman, Hall, Indek, Goodman & Waters is pleased to announce that Michael D. Kiner has become a partner in the firm. Mike has zealously defended Employer/Carriers/Third Party Administrators in workers’ compensation disputes for more than 20 years,...
FL Case Law Summaries – 5/2/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Keith Switzer v. Vern’s Insulation/Zurich American JCC Anderson; Daytona Beach District; Order Date: April 28, 2016 OJCC Case: 15-012721WWA; D/A:...
FL Case Law Summaries – 4/29/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Wallace Cruz v. American Airlines/American Airlines Worker’s Compensation Dept./Sedgwick CMS JCC Medina-Shore; Miami District; Order Date: April 27,...
Tip of the Week-Supreme Court has ruled on Castellanos, Bad News
Ok, I have now had the chance to read the decision and digest it a bit. First, let’s start with this, the sky has not fallen, it’s not the end of the world. We have to adapt to a new way of handling and defending claims to protect our clients and employers. ...
FL Supreme Court Declares Fee Cap Unconstitutional
SUPREME COURT DECIDES CASTELLANOS FEE STATUTE UNCONSTITUTIONAL The Supreme Court of Florida issued an opinion in the case of Marvin Castellanos v. Next Door Company, et al, NO. SC 13-2082 (Fla. April 28, 2016), and held that F.S. §440.34 as amended in 2009 is...
FL Case Law Summaries – 4/27/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Brian Gonzalez v. St. Lucie County Fire District/Florida Municipal Insurance Trust JCC McAliley; Port St. Lucie District; Order Date: April 25, 2016...
Ins and Outs of the Intoxication Defense
By: Sean Jordan, Associate, Orlando Workers' compensation benefits are not payable if an injury to the employee was caused primarily by his/her intoxication or the influence of any drugs not prescribed by a physician. FS 440.09(3). Even if the...
First DCA Shuts the Door on Attendant Care Rate Increase
By: Mary Frances Nelson, Partner, Fort Myers Last week, the First DCA denied a challenge to the minimum wage rate for family members who provide attendant care, and upheld the current version of FS 440.13(2)(b)(1). Scott v. Sears Holding, Case No....
Office Romance Gone Wrong
By: Ryan Knight, Associate, Miami Office romances are common occurrences and unless you work in a “Mad Men” style office, those relationships typically do not end in a workers’ compensation claim. These romances can, however, lead to altercations or...
FL Case Law Summaries – 4/26/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Sonya Thompson v. CarQuest Auto Parts/Liberty Insurance Corporation JCC Rosen; St. Petersburg District; Order Date: April 22, 2016 OJCC Case:...