Blog
FL Case Law Summaries – 1/28/16
BY: Thomas G. Portuallo JCC ORDERS William VanWinter v. Frank Crum/Broadspire JCC Humphries; Jacksonville District; Order Date: January 26, 2016 OJCC Case: 12-003988RJH; D/A: 10/17/2011 Claimant’s Counsel: Daniel J. Glary Employer/Carrier’s Counsel: J. Craig...
FL Case Law Summaries – 1/27/16
BY: Thomas G. Portuallo 1ST DCA ORDERS Nick Panebianco, Esq., the former attorney for the Employee/Claimant/Elizabeth Vasquez v. Jackson Health System and Cannon Cochran Management Services, Inc., and Elizabeth Vasquez Appeal of the Order from JCC...
GA Tip of the Week – New Board Rule 200.2
BY: Zal Linder | Partner As you may be aware, a new Board Rule was just enacted effective January 1, 2016. Board Rule 200.2 deals with changes to the rules governing nurse case managers and case management as a whole on our files. I have attached a full copy of...
FL Tip of the Week: Update on New Constitutional Challenge
Greetings, the Florida Supreme Court has set a date for Oral Arguments in Stahl, April 6, 2016. The claimant’s counsel is arguing that the 2003 statutory changes went too far in reducing benefits and workers have been deprived of rights because they are blocked...
FL Case Law Summaries – 1/22/16
By: Thomas G. Portuallo JCC ORDERS Aurelio Lawrence v. American Airlines/Sedgwick CMS JCC Massey; Tampa District; Order Date: January 20, 2016 OJCC Case: 11-010126MAM; D/A: 9/21/2010 Claimant’s Counsel: Toni Villaverde Employer/Carrier’s Counsel: Robert Donahue...
120 Day Update: Babahmetovic v. Scan Design’s Latest Incarnation
By: Gina Case, Associate, Sarasota On May 1, 2015, the First DCA issued an opinion in Babahmetovic v. Scan Design, 40 Fla. L. Weekly D 1030 (Fla. 1st DCA 2015) that appeared to stand for the proposition that an employer/carrier must actually elect the 120-day...
Misconduct Defense Gets New Teeth in Florida
By: David Halpern, Partner, West Palm Beach In Florida, it is understood that an employee terminated for misconduct at some point after a work-related accident is not entitled to temporary partial disability (TPD) benefits. What is less clear is, (1) What exactly...
Recent DCA Opinion Provides Refresher on Florida’s Exposure Standards in Workers’ Compensation Claims
By: Ya’Sheaka Campbell Williams, Partner, Tampa In Festa v. Teleflex, Inc., the First DCA outlined the elements that a claimant must prove in order to recover under the exposure theory of an accident: (1) Prolonged exposure, (2) the cumulative effect of which is...
Georgia’s Occupational Illness & Injury Coverage Distinctions
By: Ryan Lawson, Associate, Atlanta As we progress through the flu season, many of us will see the inevitable sickness claim come across our desks. We are then faced with the question of compensability and whether we are required to provide treatment and/or out of...