Blog
Morgan’s Tip of the Week – Important New 120-day Rule Case
Greetings, I am seeing more and more claimant attorneys push the issue of whether or not the 120 day letter was sent on total denials. The argument is if the letter was not sent within 14 days of the initial provision of benefits, we waive the right later to deny...
TN Case Law Summaries: 10/26/15 – 10/30/15
Expedited Hearing Orders Mario Mace v. Express Services, Inc. Docket: 2015-06-0059 Judge: Ken Switzer Claimant’s Counsel: William Hicky Employer/Carrier’s Counsel: Gregory Fuller Briefly: Claimant requested TTD benefits following his termination from his employer. ...
FL Case Law Summaries – 11/6/15
By: Thomas G. Portuallo JCC Orders Michele Suero v. Jackson Memorial Hospital v. Cannon Cochran Management Services JCC Humphries; Jacksonville District; Order Date: November 4, 2015 OJCC Case: 12-023037RJH; D/A: 1/11/2012 Claimant’s Counsel: Pro...
FL Case Law Summaries – 11/5/15
By: Thomas G. Portuallo JCC Orders Ricardo Guerra v. Estate Building Services, LLC/SUA Insurance JCC Kerr; Miami District; Order Date: November 3, 2015 OJCC Case: 12-006409MGK; D/A: 11/13/2011 Claimant’s Counsel: William Kinnear Employer/Carrier’s...
FL Case Law Summaries – 11/4/15
BY: Thomas G. Portuallo JCC Orders Annabella Pinera v. Target/Sedgwick CMS JCC Hill; Gainesville District; Order Date: November 2, 2015 OJCC Case: 13-006234MRH & 13-011303MRH; D/A: 8/24/2012 & 3/4/2013 Claimant’s Counsel: Gretel San Miguel...
FL Case Law Summaries – 11/3/15
BY: Thomas G. Portuallo JCC Orders Leslie Shelton v. Broward County Transit Authority/Broward County Risk Management JCC Roesch; Panama City District; Order Date: October 30, 2015 OJCC Case: 12-002860LAR; D/A: 7/13/2011 Claimant’s Counsel: Joan...
Washed Out—Pro Se Settlement Considerations
By: Marcus Rodriguez, Associate, Orlando Knowing how to effectively finalize a settlement with a pro se claimant is an essential skill that decreases workers’ compensation litigation costs. Under Fla. Stat. 440.20(11), when a settlement agreement is reached with...
Effective Usage of the Pay & Investigate Rule
By: Sean O’Neil, Associate, Jacksonville When used effectively, Fla. Stat. 440.20(4), better known as the 120 day “pay and investigate rule,” is a fantastic tool adjusters can employ when confronted with adverse, complex or unknown facts. This article will serve as...
Talking the Talk: Helpful Hints for Recorded Statements & Claimant Depositions
By: Betsy Campo, Partner, Gainesville I sprung my back. Woke up this mornin’ and I was all stoved up. Didn’t do no shade tree mechanicin’ over the weekend. This pain is wors’n when I tore my rotor cup that one time. The doctor gimme some inflammatories. I might...