Blog
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 OJCC...
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:...
FL Case Law Summaries – 4/25/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Michael E. McCoy v. Hillsborough Area Regional Transit/Commercial Risk Management, Inc. JCC Massey; Tampa District; Order Date: April 20, 2016 OJCC Case:...
FL Tip of the Week – 1st DCA Finds Statute Unconstitutional
Greetings, Today, the 1st DCA (not the Fla Supreme Court) issued an important ruling finding an aspect of the attorney fee section of the statute unconstitutional in Miles v. City of Edgewater Police Dept (1D15-0165). Under the WC statute, a claimant's attorney is...
FL Case Law Summaries – 4/21/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com 1ST DCA ORDERS Martha Miles v. City of Edgewater Police Dept./Preferred Governmental Claims Solutions and State of Florida Appeal of the Order from JCC Mark Massey...
FL Case Law Summaries – 4/20/16
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Erlan Charles v. R.E. Rich Family Holding Corp./Travelers Insurance JCC Kerr; Miami District; Order Date: April 18, 2016 OJCC Case: 15-021046MGK; D/A:...
FL Tip of the Week – Safety Violations
Greetings, The statute provides for a 25% reduction in “compensation” if a claimant knowingly refused to use a safety device provided by the employer. This applies to TPD, TTD and PTD, not any medical benefits. It is our burden to prove the claimant knew he was...