BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Genson Idorvil v. Keystaff, Inc./Gallagher Bassett Services, Inc. JCC Lewis; Ft. Lauderdale District; Order Date: June 22, 2016 OJCC Case: 15-006243DAL; D/A: 3/6/2015 Claimant’s Counsel: Kevin Gallagher Employer/Carrier’s Counsel: Jorge Pena Briefly: MOTION TO COMPEL DOCTOR TO ATTEND DEPOSITION – […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Cathy Pitts v. Marion County Public Schools/Johns Eastern Company JCC Hill; Gainesville District; Order Date: June 20, 2016 OJCC Case: 13-014264MRH; D/A: 4/14/2009 Claimant’s Counsel: Daniel Hightower and Barbara Richard Employer/Carrier’s Counsel: Debrah Zeitler Briefly: ATTORNEY FEES – JCC Hill […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Walter R. Sanders v. Halifax Media Group/ACE USA JCC Sojourner; Lakeland District; Order Date: June 15, 2016 OJCC Case: 15-008463NES; D/A: 7/18/2014 Claimant’s Counsel: Bradley G. Smith Employer/Carrier’s Counsel: Juan C. Garcia Briefly: MISREPRESENTATION DEFENSE – JCC Sojourner denied all […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Humberto Ramos v. Southern Wine & Spirits/Hartford Insurance Company of the Midwest, and Sedgwick CMS JCC Winn; Pensacola District; Order Date: June 14, 2016 OJCC Case: 15-015434NSW; D/A: 5/12/2015 Claimant’s Counsel: Kevin Gallagher Employer/Carrier’s Counsel: Keith Pallo Briefly: REIMBURSEMENT DISPUTE […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS James Boyle v. JA Cummings, Inc./Gallagher Bassett Services, Inc. JCC Lewis; Ft. Lauderdale District; Order Date: June 10, 2016 OJCC Case: 15-006152DAL; D/A: 5/12/2014 Claimant’s Counsel: James Hack Employer/Carrier’s Counsel: Robert Rodriguez Briefly: MAJOR CONTRIBUTING CAUSE – JCC Lewis denied […]
Greetings, This ONLY applies to old claims with a date of accident between 1/1/1994 through 9/30/03… If you get a claim under Westphal to pay any past due indemnity for a claim with a date of accident under the 1994 law, there is a potential defense. For claims with dates of accident in the above […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com 1ST DCA ORDERS Annabella Pinera v. Target/Sedgwick CMS Appeal of the Order from JCC Marjorie Hill DCA Order Date: June 7, 2016 Case: 1D15-4077; D/A: 8/24/2012 Appellant’s Counsel: Kimberly A. Hill Appellee’s Counsel: David S. Gold and David B. Stauber Briefly: PERMANENT […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com SUPREME COURT DECIDES WESTPHAL 104 WEEK CAP ON TEMPORARY DISABILITY BENEFITS IS UNCONSTITUTIONAL The Supreme Court of Florida issued an opinion in the case of Bradley Westphal v. City of St. Petersburg, et al, No. SC 13-1976 (Fla. June 9, 2016), and […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Richard Seay v. Republic Services d/b/a Florida Refuse/CCMSI JCC Lorenzen; Tampa District; Order Date: June 3, 2016 OJCC Case: 15-025298EHL; D/A: 12/4/2014 Claimant’s Counsel: Bradley Smith Employer/Carrier’s Counsel: Philip Augustine Briefly: TPD; MMI; MISCONDUCT DEFENSE– JCC Lorenzen awarded temporary partial […]
Greetings, Well, the Fla Supreme Court has ruled the 104 week cap on Temporary Total Disability benefits is unconstitutional, and they have “revived” the 1990 law, 260 weeks of TTD. While not specifically referenced, it does appear that it may include Temporary Partial Disability as well. The Court found 440.15 (2)(a) unconstitutional. That is the […]