Eraclides Gelman | Legal Updates

January 31, 2022

Who’s Employee Are They Anyways?, by Lexi Laufer, Associate, Atlanta

Few concepts have spurred more debate and dispute in recent years than the ever-changing definition of “employee,” and the establishment of an employment relationship under the Georgia Workers’ Compensation Act. As the national work force continues to evolve from one-dimensional employment relationships to multilevel employment relationships, the foundational principles upon which the Workers’ Compensation Act […]

January 31, 2022

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

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 […]

September 29, 2020

COVID-19 And The OJCC: Revisited

COVID-19 & THE OJCC REVISITED An update on the pandemic and its ongoing impact in the Florida Workers’ Compensation system. By: Wes Heim – Tampa Just a few months ago we took a look at how the OJCC had been affected by the pandemic (link to my prior article here!). As […]

April 21, 2016

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. […]

April 20, 2016

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: 5/13/2015 Claimant’s Counsel: Clifford Moskowitz Employer/Carrier’s Counsel: Patricia Perez Briefly: PENALTIES AND INTEREST – JCC Kerr found there […]

April 19, 2016

FL Case Law Summaries – 4/19/16

BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com 1ST DCA ORDERS Bonnie J. Scott v. Sears Holding Corporate and Sedgwick Claims, as Servicing Agent for AIG Appeal of the Order from JCC McAliley DCA Order Date: April 14, 2016 Case: 1D15-3787; D/A: 10/23/1999 Appellant’s Counsel: Mark Zientz Appellee’s Counsel: Mary […]

January 29, 2016

Eraclides Gazette – January, 2016

Gazette – January, 2016 (click to view)

January 21, 2016

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 investigative period found in FS 440.20(4) by issuing a “120-day […]

January 21, 2016

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 constitutes misconduct and, (2) is an employee terminated for misconduct permanently disqualified from […]

January 21, 2016

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 injury or aggravation of a pre-existing condition, and (3) being subject to […]

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