Blog
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 from...
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...
New Twist to Prevailing Party Costs Established by the First DCA
By: Michael Quiggins, Partner, Tallahassee The First DCA issued another curious decision in the claimant’s favor on December 28, 2015 in Jennings v. Habana Health Care Center, (1D15-1749) which essentially exposes the employer/carrier to pay litigation costs to the...
FL Tip of the Week: Evals only and Diagnostic Testing
I was at the JCC’s office yesterday and one of the Orlando Judges was telling me about a case of his that was just heard before the 1st DCA regarding evaluations and diagnostic testing recommended by the treater. This case involved a shoulder injury, and then...
FL Case Law Summaries – 1/19/16
BY: Thomas G. Portuallo JCC ORDERS Aurelio Lawrence v. American Airlines/Sedgwick CMS JCC Massey; Tampa District; Order Date: January 15, 2016 OJCC Case: 13-016086MAM; D/A: 12/28/2012 Claimant’s Counsel: Toni Villaverde Employer/Carrier’s Counsel: Robert...
FL Case Law Summaries – 1/18/16
By: Thomas G. Portuallo JCC ORDERS Kathleen Cochran v. Hess Retail Operations/York Risk Services Group JCC Dietz; Sebastian-Melbourne District; Order Date: January 14, 2016 OJCC Case: 15-012944RLD; D/A: 4/16/2015 Claimant’s Counsel: Samuel S....