BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com 1ST DCA ORDERS THG Rentals & Sales of Clearwater, Inc./Summit Holdings – Claims Center v. James C. Arnold Appeal of the Order from JCC Rosen DCA Order Date: July 6, 2016 Case: 1D15-970; D/A: 8/6/2013 Appellant’s Counsel: H. George Kagan Appellee’s Counsel: […]
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 June 2016, since 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 Frances M. DeRosa v. TJX Companies dba HomeGoods and Zurich American Insurance Company JCC Rosen; St. Petersburg District; Order Date: July 1, 2016 OJCC Case: 15-028571SLR; D/A: November 10, 2015 Claimant’s Counsel: Donald J. Magee Employer/Carrier’s Counsel: Melissa A. Volk. […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Pilar Rojas v. Hilton Worldwide, Inc. d/b/a Conrad Miami/Sedgwick CMS JCC Almeyda; Miami District; Order Date: June 29, 2016 OJCC Case: 14-016805ERA; D/A: 5/6/2014 Claimant’s Counsel: Rene Hidalgo Employer/Carrier’s Counsel: Beth Koller Briefly: MAJOR CONTRIBUTING CAUSE – JCC Almeyda denied […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS David W. Buerki v. WW Pallet, Inc./AmTrust North America of Florida JCC Lorenzen; Tampa District; Order Date: June 27, 2016 OJCC Case: 15-022800EHL; D/A: 5/26/2015 Claimant’s Counsel: Taylor Davidson and Torea Spohr Employer/Carrier’s Counsel: Gregory White Briefly: MAJOR CONTRIBUTING CAUSE; […]
By Sean Jordan, Associate, Orlando The exclusive-remedy provision of Florida Workers’ Compensation law defines the sole and total liability of an employer for injuries to an employee and expressly extends to the husband or wife, parents, dependents, and next of kin of the employee, and thus precludes an injured worker’s family members from recovering from […]
By: Jamie Sanders, Partner, Birmingham How many jurisdictions apply the “but for” standard to the issue of compensability? You know, the premise that because the employee’s injury occurred at work it is compensable? This seems like the plausible outcome, but hold on. The following decision illustrates why the “but for” standard does not apply in […]
By: Fred Vitale, Associate, Tampa Just prior to the Florida Supreme Court’s decision in Castellanos, the First DCA issued another important opinion regarding attorney’s fees in Miles v. City of Edgewater Police Department, Case No. 1D15-0165, 41 Fla. L. Weekly D 985 (Fla. 1st DCA April 20, 2016), finding a portion of the attorney fee […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com 1ST DCA ORDERS Deborah Evans v. Holland & Knight/Sentry Insurance Appeal of the Order from JCC Lorenzen DCA Order Date: June 24, 2016 Case: 1D15-4080; D/A: 2/3/2015 Appellant’s Counsel: Bill McCabe and John H. Thompson Appellee’s Counsel: William H. Rogner Briefly: GOING […]
Greetings, With the reinstitution of hourly fees, we may see this old angle on attendant care make a comeback. What we would often see is a PFB asking for attendant care, and after a review of the file, the adjuster would deny it as no doctor had prescribed attendant care. Prior to minor procedures, such […]