by EC_Admin | Mar 7, 2017 | News
By: Christopher Mossallati, Associate, Fort Myers Over the past several years, carriers have had to significantly adjust their decision-making in cases involving prior work injuries and major contributing cause (MCC). The First DCA rendered an opinion in Pearson v....
by EC_Admin | Mar 1, 2017 | News
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...
by EC_Admin | Feb 21, 2017 | News
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,...
by EC_Admin | Feb 21, 2017 | News
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...
by EC_Admin | Feb 16, 2017 | News
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...
by EC_Admin | Feb 8, 2017 | News
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...