by EC_Admin | Jan 21, 2016 | Eraclides Gazette, Legal Updates
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...
by EC_Admin | Jan 21, 2016 | News, Eraclides Gazette, Legal Updates
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...
by EC_Admin | Jan 21, 2016 | Eraclides Gazette, Legal Updates
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...
by EC_Admin | Jan 21, 2016 | Eraclides Gazette, Legal Updates
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...
by EC_Admin | Jan 20, 2016 | Morgan's Tips of the Week, Legal Updates
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...
by EC_Admin | Jan 19, 2016 | Briefly Speaking, Legal Updates
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...
