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 since the Florida Supreme Court’s opinion in Marvin Castellanos v. Next Door Company, et al, 41 Fla. L. […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Maria Delgado v. Spherion Staffing, LLC/Sedgwick CMS JCC Medina-Shore; Miami District; Order Date: June 2, 2016 OJCC Case: 11-015402SMS; D/A: 6/18/2011 Claimant’s Counsel: Bobby Wells Employer/Carrier’s Counsel: Andrew Borah Briefly: MAJOR CONTRIBUTING CAUSE – JCC Medina-Shore denied the claim for […]
Greetings, Due to the Castellanos decision, we are now seeing many claimant attorney’s seek attorney fees on issues that were resolved long ago. As you may recall, under the Longley case, if all issues are dismissed with the exception of a reservation on entitlement to attorney fees, the Statute of Limitations is tolled. However, if […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Marie Laurore v. Aimbridge Hospitality LP/Zurich American Insurance Company JCC Lorenzen; Tampa District; Order Date: May 31, 2016 OJCC Case: 15-025498EHL; D/A: 4/26/2015 Claimant’s Counsel: Nicolette Tsambis Employer’s Counsel: Peter Fowler Briefly: MISREPRESENTATION – JCC Lorenzen denied the Employer/Carrier’s misrepresentation […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Dawn McDonald (deceased) and Kevin McDonald v. Faneuil, Inc./Travelers Insurance JCC Condry; Orlando District; Order Date: May 26, 2016 OJCC Case: 15-027048WJC; D/A: 8/20/2015 Claimant’s Counsel: Lawrence H. Hornsby Employer/Carrier’s Counsel: Brian C. Dowling Briefly: DEATH BENEFITS – JCC Condry […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com 1ST DCA ORDERS Cory Fairbanks Mazda/PMA Insurance Group v. Connie Minor Appeal of the Order from JCC Sculco DCA Order Date: May 25, 2016 Case: 1D15-1600; D/A: 7/15/2013 Appellant’s Counsel: Kimberly J. Fernandes Appellee’s Counsel: Charles H. Leo & Richard W. Ervin, […]
Greetings, In all of the noise generated by the Castellanos case, the Miles case (below) has been overshadowed. I’ve received a few emails today about the different orders carriers are now seeing, and it’s mostly as a result of this case. Under Miles, a claimant can waive the guideline fee and pay a claimant-paid fee […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Patria Owens v. Harvest/Holiday Retirement – Spring Oaks/Liberty Mutual Insurance JCC Lorenzen; Tampa District; Order Date: May 23, 2016 OJCC Case: 15-001064EHL; D/A: 9/18/2014 Claimant’s Counsel: Joshua Nelson Employer/Carrier’s Counsel: Frank DeCiutiis Briefly: COMPENSABILITY OF GALL BLADDER SURGERY – The […]
By: Michael Arington, Associate, Jacksonville The First DCA recently made it harder to rebut the statutory presumption of compensability for heart conditions involving congenital conditions. In two cases where the heart disease was congenital, the judges said an employer must also prove that non-work causes triggered the condition resulting in disability. What was formerly a […]
By: Dan Cauley, Associate, Atlanta In order to control the medical care of an injured worker in Georgia, the employer must have maintained a valid Panel of Physicians. Among other requirements listed under O.C.G.A. § 34-9-201, Georgia law requires the panel itself to include a list of at least 6 doctors, including at least 1 […]