By: Richard Clark, Of Counsel, Nashville In July of 2016, the Tennessee Workers Compensation Appeals Board (Docket Number 2015-01-0147) issued a ruling of first impression in “Marshall v. Mueller Company.” In its decision, the Appeals Board analyzed the application of T.C.A. 50-6-207(3)(B)(2015), by defining “wage” under the Post-2013 Workers Compensation Reform Act when determining whether […]
By Michael C. Crumpler, Partner, Jacksonville There is a new paradigm for handling Florida workers’ compensation cases. The Florida Supreme Court’s recent decision in Castellanos v. Next Door Company, et al. (Opinion filed on April 28, 2016) drastically changed the legal landscape for evaluating workers’ compensation cases. French critic and journalist Alphonse Karr once said, […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS James C. Miller v. Eden Site Development, Inc./Crum & Forster and United States Fire Insurance Company JCC Pitts; Orlando District; Order Date: August 12, 2016 OJCC Case: 14-025897NPP; D/A: 8/6/2014 Claimant’s Counsel: Thomas A. Vaughan Employer/Carrier’s Counsel: Michael S. Waranch […]
Greetings, Last week I had a few questions in regard to missing time from work for doctor/therapy appointments, and whether that we could possibly owe TPD for that time. Apparently there was some industry article that implied we did not owe TPD for time missed for doctor appointments. Well….attached is a 2008 Federal FLSA Wage […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Raymond Carrion v. American Airlines/Sedgwick CMS JCC Castiello; Miami District; Order Date: August 9, 2016 OJCC Case: 15-026393PCC; D/A: 8/17/2015 Claimant’s Counsel: Toni Villaverde Employer/Carrier’s Counsel: Michael A. Hernandez Briefly: ATTENDANT CARE – JCC Castiello denied the claim for attendant […]
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 July 2016, following the Florida Supreme Court’s opinion in Marvin Castellanos v. Next Door Company, et al, […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Ana Raposo v. Flagler County School Board/Johns Eastern Company, Inc./Flagler County Board of Public Ins JCC Anderson; Daytona Beach District; Order Date: August 3, 2016 OJCC Case: 14-021931WWA; D/A: 7/2/2014 Claimant’s Counsel: Keith C. Warnock Employer/Carrier’s Counsel: Nancy Blastic Briefly: […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com 1ST DCA ORDERS John O’Connor v. Indian River County Fire Rescue/Johns Eastern Company, Inc. Appeal of the Order from JCC Robert Dietz DCA Order Date: August 2, 2016 Case: 1D15-4986; D/A: 1/10/2015 Appellant’s Counsel: Michael J. Winer & Geoffrey Bichler Appellee’s Counsel: […]
Greetings, Here’s one for the good guys. In one of my cases, the claimant filed a Motion for a $2,000 Advance. We responded with a Motion stating the claimant has failed to provide evidence justifying the advance or the exact amount of the advance as required by the Kuhn and Worthy cases. A hearing was […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com 1ST DCA ORDERS Jermaine Davis v. Palm Beach County Sheriff’s Office/USIS Appeal of the Order from JCC D’Ambrosio DCA Order Date: July 25, 2016 Case: 1D15-2746; D/A: 7/20/2012, 4/24/2011 Appellant’s Counsel: Barbara B. Wagner & Michael R. Riedhammer Appellee’s Counsel: Hinda Klein […]