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Latest Stories from FL Legal Updates

Morgan’s Tip of the Week-Important “Arising out of” Caselaw

Greetings, last week the 1 DCA issued a very important decision regarding the meaning of “Arising out of” means and its impact on idiopathic claims. To this day, the number one question I seem to get is is it compensable if a claimant is just walking at work and falls (in fact we have a […]

Briefly Speaking – Case Law Updates (February 2022)

Michael Pendrotti v. Circle K and Constitution State ServicesJCC Young: St. Pete District Order Date: 1/18/2022OJCC Case No: 21-014083RLY Date of Accident: 6/8/021Claimant’s Counsel: Joe Rooth E/C Counsel: Ya’Sheaka C. WilliamsJCC Order: Click Here Briefly: Specialist Referral Summary: The claimant was involved in a compensable workplace accident resulting in injury to her wrist, back, and […]

Morgan’s Tip of the week- Changes to the WC Rules of Procedure

Morgan Indek's majestic headstand on a surf board

Greetings, There are some amendments to the “Q-Rules”, the WC Rules of Procedure that go into effect on Monday, 2/14/22 (so consider this my little gift to you). Most of the changes are minor and are more on our end as defense attorneys, but three that should be noted for adjusters and employers: 1) Before […]

A Recent First DCA Ruling May Have Some Injured Workers “Up in Smoke”…Or, will it?, by Tracie Childers, Associate, Orlando

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Orlando Florida has seen a rise in residents with medical marijuana cards since the legalization of marijuana for medical use in 2016. Not surprisingly, the legalization of medical marijuana at the state level is now raising questions of its use and the doctors that prescribe it under the Florida workers’ compensation judicial system. According to […]

The Longest Time Long-Haul COVID, Causality, and the 120-Day Rule by Wes Heim, Tampa Office

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In March of 2020 Florida’s Chief Financial Officer, Jimmy Patronis, issued a directive indicating Frontline StateEmployees 1who test positive for COVID should be generally processed as compensable occupational diseaseworkers’ compensation claims. Despite this, the directive does establish methodology for the State to deny theseclaims noting: “unless the State of Florida can show, by preponderance of […]

COVID & Florida Workers’ Comp

Wes Heim – Tampa wheim@eraclides.com In July of 2020 we took a look at the OJCC and the impact of COVID-19 generally (July 2020 Article) and in September I revisited the topic noting some of the emerging litigation trends (September 2020 Article). Just a few months ago, Governor DeSantis of Florida signed Senate Bill 72 […]

Florida’s 2021 COVID Lawsuit Limitation Law

  Wes Heim – Tampa wheim@eraclides.com   Just a few days ago Governor DeSantis signed Senate Bill 72 into law and, in doing so, created a robust shield against the anticipated onslaught of COVID-19 lawsuits within the State of Florida. Generally, the provisions of the law are assured to deflect all but the most egregious […]

COVID-19 and The OJCC

With the pandemic upon us it should be no surprise there has already been a direct impact to the Florida Workers’ Compensation System. Monitoring the OJCC Orders docket closely, I have collected Orders demonstrating how the OJCC has been dealing with the pandemic and associated considerations thus far. Here are just a few cliff notes of what […]

Briefly Speaking – FL Case Law Summaries (6/22/17)

By:                    Ryan M. Knight – Miami Contributor:   Tara Said – Pensacola To receive daily e-mails with case law summaries, please email esantos@eralcides.com JCC ORDERS Teresa Russell v. Residence Inn JCC Holley: Jacksonville District                           Order Date: May 26, 2017 OJCC Case: 16-009566                                              Date of Accident: 02/24/2015 Claimant’s Counsel: Michael Rudolph                E/C’s Counsel:  David Drill […]

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 DCA Order Date: April 20, 2016                           Case: 1D15-0165; D/A: 8/3/2011 & 11/29/2011 Appellant’s Counsel: Michael J. […]