BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com 1ST DCA ORDERS Law Offices of William F. Souza v. Truly Nolen, Inc./Crawford And Company and Milena Solidad Appeal of the Order from JCC Castiello DCA Order Date: September 9, 2016 Case: 1D16-118; D/A: 4/2/2003, 5/18/2003, 5/19/2003 Appellant’s Counsel: William F. Souza […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com 1ST DCA ORDERS Great Cleaning Corporation/Ascendant etc. v. Carmen Bello Appeal of the Order from JCC Almeyda DCA Order Date: September 6, 2016 Case: 1D15-5776; D/A: 5/6/2015 Appellant’s Counsel: Kimberly J. Fernandes Appellee’s Counsel: Ramon Malca & Jeffrey I. Jacobs Briefly: AVERAGE […]
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 August 2016, subsequent to the Florida Supreme Court’s opinion in Marvin Castellanos v. Next Door Company, et […]
Greetings, Over the last two weeks I have seen several claimant’s attorneys objecting to our selection of doctors for either the initial treatment or a 1-time change based on distance. It does seem enough to be a trend. Many in the industry use the 50-mile distance as reasonable. However, that is not in the statute. […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Roberto Oscar Sanchez v. Mainguy Landscape Services/Florists’ Mutual Insurance Company JCC Hill; Miami District; Order Date: August 29, 2016 OJCC Case: 16-001245CMH; D/A: 11/2/2015 Claimant’s Counsel: Raul C. De La Heria Employer/Carrier’s Counsel: Rex A. Hurley Briefly: TTD/TPD; VOLUNTARY LIMITATION […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Mark Charles v. Suncoast Hospice/Amerisure Insurance JCC Rosen; St. Petersburg District; Order Date: August 25, 2016 OJCC Case: 16-011915SLR; D/A: 3/18/2016 Claimant’s Counsel: Michael J. McDonald Employer/Carrier’s Counsel: Donald D. Kaelber Briefly: ONE-TIME CHANGE IN PHYSICIAN – JCC Rosen granted […]
Greetings, Impairment benefits are an area of the 2003 law that has not been heavily litigated previously. IB’s are now a potential ripe target for claimant’s attorneys. The statute basically requires an adjuster to confirm each week whether or not the claimant earned exactly the Average Weekly Wage (AWW). The benefits are to be paid […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com 1ST DCA ORDERS Anthony Salzman v. Eli Reyes Appeal of the Order from JCC Marjorie Hill DCA Order Date: August 18, 2016 Case: 1D16-593; D/A: 10/27/2011, 1/6/2013 Appellant’s Counsel: Bill McCabe & Anthony Salzman Appellee’s Counsel: Bryce A. Schmidt Briefly: ATTORNEY’S FEES; […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Elizabeth Hernandez v. Best Cleaning Specialist, Inc./Summit/Retail First Insurance Company JCC Massey; Tampa District; Order Date: August 15, 2016 OJCC Case: 15-008938MAM; D/A: 8/15/2013 & 1/15/2014 Claimant’s Counsel: Pro Se Employer/Carrier’s Counsel: Ivette Linares-Moreno Claimant’s Former Counsel: Bradley Douglas Briefly: […]
By: Wesley Heim, Associate, Tampa In legal defense, there are few things more satisfying than unraveling a web of lies offered by a fraudulent claimant. Unfortunately, discovering information to prove fraud isn’t all that simple. Wearable technology such as a Fitbit, Garmin, Jawbone Up and many others have emerged seemingly overnight in the new field […]