Blog
Morgan’s Tip of the Week: 104 Cap on Temporary Benefits
Before the holiday, the 1st DCA addressed the status of the 104 week cap on temporary benefits in Gomez-Lujano v. Palm Beach Grill, 1D15-670. The issue is still pending before the Florida Supreme Court in the Westphal case. In the first 1st DCA Westphal decision,...
FL Case Law Summaries – 12/1/15
By: Thomas G. Portuallo JCC ORDERS Luis Rodriquez v. Demetech Corp./Normandy Harbor Insurance Company JCC Medina-Shore; Miami District; Order Date: November 25, 2015 OJCC Case: 14-028630SMS; D/A: 8/5/2014 Claimant’s Counsel: David Benn...
Navigating the WC-240 Process in Georgia
By: Zachary Kunz, Associate, Atlanta Georgia, unlike many other states, has a statutory procedure that must be strictly adhered to in order to return a claimant to work. It is one of the more frustrating issues in Georgia. In other states, you can simply...
Latest Pitfall with Florida’s Medical Providers
By: Mary Frances Nelson, Partner, Fort Myers In the ever-changing landscape of Florida workers’ compensation, we often see a push by the claimants’ bar to have the benefits pendulum swing back towards them. In a recent Miami decision, the JCC may have helped...
Minimum Compensation Rates—They do Exist!
By: Michael Casto, Associate, Orlando Every now and then I get a question about the minimum compensation rate in Florida. While the dollars may seem insignificant, fines from the state may be much worse if it is not calculated correctly. Additionally, when...
FL Case Law Summaries – 11/30/15
BY: Thomas G. Portuallo 1ST DCA ORDERS Francisco Gobel v. American Airlines/Sedgwick CMS Appeal of the Order from JCC Gerardo Castiello DCA Order Date: November 24, 2015 Case: 1D15-2374; D/A: 7/25/2010 Appellant’s Counsel: Mark L. Zientz &...
FL Case Law Summaries – 11/25/15
BY: Thomas G. Portuallo JCC ORDERS Magalie Cauvin v. Baptist Hospital/Johns Eastern Company JCC Massey; Tampa District; Order Date: November 23, 2015 OJCC Case: 14-004873MAM; D/A: 12/16/2013 Claimant’s Counsel: Rene Hidalgo Employer/Carrier’s Counsel: Maria...
FL Case Law Summaries – 11/24/15
BY: Thomas G. Portuallo JCC ORDERS Kimberly Podvin v. WalMart Stores, Inc./Sedgwick CMS JCC Lorenzen; Tampa District; Order Date: November 20, 2015 OJCC Case: 15-004436EHL; D/A: 1/9/2015 Claimant’s Counsel: Mark Lee Employer/Carrier’s Counsel: Beatriz Justin...
FL Case Law Summaries – 11/23/15
BY: Thomas G. Portuallo 1ST DCA ORDERS Jose Gomez-Lujano v. Palm Beach Grill-Houston’s Restaurant/Travelers Insurance Appeal of the Order from JCC Punancy DCA Order Date: November 19, 2015 Case: 1D15-670; D/A: 10/31/2001 Appellant’s...