FL Case Law Summaries – 3/1/17

FL Case Law Summaries – 3/1/17

By:                   Ryan M. Knight Contributor:   Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com JCC ORDERS David Dove v. Bennett Auto Supply and Travelers Insurance JCC Owens: Port St. Lucie...
Morgan’s Tip of the Week – Idiopathic Claims

Morgan’s Tip of the Week – Idiopathic Claims

Greetings,  the 1st DCA just affirmed (without written opinion) a JCC decision denying a claim for idiopathic/MCC, in Wendall v. Enterprise/York (links below). In this case,  an 86 year old claimant simply fell while walking.  She did not know what caused her to fall,...
FL Case Law Summaries – 3/1/17

FL Case Law Summaries – 2/21/17

By:                   Ryan M. Knight Contributor:   Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com UPDATE ON ATTORNEY’S FEES – HOW MUCH ARE THE COURTS AWARDING? The following is an update on JCC and DCA...
Morgan’s Tip of the Week – Idiopathic Claims

Morgan’s Tip of the Week – Daubert Standard/Apportionment

Greetings, Today the Florida Supreme Court declined to adopt the Fla Legislature’s change to the Florida Evidence Code to include the  “Daubert” standard.    “Daubert” effectively put an end to Apportionment and also put any of our doctor’s opinions at risk if...
Morgan’s Tip of the Week – Idiopathic Claims

Morgan’s Tip of the Week – Waiting Period

Greetings, Several times a year the question comes up about when the 7 day waiting period for indemnity under 440.12 (1) actually starts.   Do you count days the claimant is back at work earning 80% of their AWW as days toward the waiting period even if there is no...
FL Case Law Summaries – 3/1/17

FL Case Law Summaries – 2/6/17

By:                   Ryan M. Knight Contributor:   Thomas G. Portuallo To receive daily e-mails with case law summaries, please email esantos@eralcides.com 1st DCA ORDERS RetailFirst Insurance Co. and ServPro of S.E. Florida v. Brenton Davis JCC Lorenzen: Tampa...