Greetings, who doesn’t love statistics first thing Monday morning? If you feel busier these days, the numbers prove it. The Office of the JCC has put out some stats on litigation since the Castellanos decision (4/28/16). (For some reason I can’t see that they gave us June) This is the increase in new cases over […]
Greetings, Well we are 6 months (6 months 3 days and 21 hours but who is counting) since the decision in Castellanos, and the sky has not fallen entirely. Yes, we have seen a 14.5% rate increase, adjuster and employer depositions are being set, and we have been hit with fees on some claims, but […]
By: LeRyan Lambert, Associate, Atlanta Georgia Partner George Waters serves on The Board of Directors of the American Bar Association’s Workers’ Compensation Section. At a recent meeting, the State Board addressed three main points that are applicable to claims handling. First, the State Board is going to start requiring WC-1’s (Employer’s First Report of Injury) […]
By: Mary Frances Nelson, Partner, Fort Myers Last month, Judge Spangler entered a Compensation Order in the case of Stuckey v. Hillsborough Area Regional Transit, OJCC Case No. 12-027186, denying payment of temporary partial disability benefits outside of the 104 weeks. This marks the first case that has had an order on this issue since […]
By: Allen Grant, Partner, Nashville Possibly the most common question I get from clients is, “Do I have to give them a panel of physicians?” The answer is relatively simple under the new law constructs in Tennessee. By and large, if medical treatment is required for the injury, then yes, a panel must be offered. […]
By: Ryan Knight, Associate, Miami Should the federal government oversee state workers’ compensation systems? If so, what would that look like? Does the federal government even have the authority to regulate state administrative courts? The only time the federal government has attempted to intervene in workers’ compensation was in 1970, when Congress created the National […]
Greetings, Below is a link to a summary of the JCC decisions in the month of September on claimant’s attorney fees on our firm’s website. (If you don’t receive a copy of our firm’s Briefly Speaking emails, JCC and DCA decisions summarized by my partner and former JCC Tom Portuallo, please email esantos@eraclides.com). Here’s a […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com UPDATE ON ATTORNEY’S FEES – HOW MUCH ARE THE COURTS AWARDING? The following is an update on JCC and DCA attorney fee decisions published in September 2016, subsequent to the Florida Supreme Court’s opinion in Marvin Castellanos v. Next Door Company, et […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Oswaldo Escalante v. Progressive Employer Management/Finish Line Feed/Amtrust North America of Florida JCC Almeyda; Miami District; Order Date: September 30, 2016 OJCC Case: 16-006078ERA; D/A: 4/10/2015 Claimant’s Counsel: Anthony Forte Employer/Carrier’s Counsel: William Goran Briefly: ONE TIME CHANGE – JCC […]
Greetings, One of the results of the Castellanos decision is that some claims will not settle as early, and as a result, we will be defending more PTD claims. One of the keys is to spot those claims early and have a good plan of action. Some you can spot from the very beginning: […]