By: Peter K. Manso, Associate, West Palm Beach On April 21, 2016, Judge Sojourner of the Lakeland district issued an order in which she ruled that when an accident is compensable and a previous final order is issued finding no further treatment is necessary, the claimant has no right to a one-time change in physician. […]

By: Matt Colon, Associate, Miami As any good Floridian knows, when a hurricane’s cone of danger sets its gaze upon the Sunshine State, it is time to batten down the hatches. We all know to stock up on water, canned fruit salad, and batteries. We shutter our windows, charge our cell phones, park our cars […]

Greetings, The statute has an inconsistency in addressing when a response to a Petition for Benefits is due.  Under 440.192(8), the carrier must respond to the PFB within 14 days.   However, under 440.34(3)(d) no attorney fees are due to the claimant’s attorney as long as the response is done within 30 days.  (Both statutes are […]

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 L. Dietz DCA Order Date: May 20, 2016                            Case: 1D15-4986; D/A: 1/10/2015 Appellant’s Counsel: Michael J. Winer & Geoffrey Bichler Appellee’s […]

BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Jennifer Sanders v. JML Support Services/AmTrust North America of Florida JCC Winn; Pensacola District; Order Date: May 12, 2016 OJCC Case: 15-024305NSW; D/A: 5/21/2015 Claimant’s Counsel: Thomas Ueberschaer Employer/Carrier’s Counsel: Manuel Alvarez Briefly: MISREPRESENTATION – JCC Winn denied the misrepresentation […]

BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Tiffany Pratt v. Miami-Dade County School Board/Gallagher Bassett Services, Inc. JCC Spangler; Miami District; Order Date: May 10, 2016 OJCC Case: 14-028824EDS; D/A: 9/27/2013 Claimant’s Counsel: Pro se Alleged Former Counsel for Claimant: James A. Walker Employer/Carrier’s Counsel: Michael J. […]

Greetings, In light of Castellanos, claimant’s attorneys are going to look for any avenue they can to find fee entitlement.  As you know, if the claimant returns to work light duty and is earning 80% of the AWW, no TPD is due or owing.   However, often the claimant will miss time from work to attend […]

BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Nancy J. Harris v. Hillsborough County School Board/Broadspire JCC Massey; Tampa District; Order Date: May 5, 2016 OJCC Case: 14-026644MAN; D/A: 9/13/2013 Claimant’s Counsel: Dixie T. Brady Employer/Carrier’s Counsel: Robert Byelick Briefly: MAJOR CONTRIBUTING CAUSE; DIAGNOSTIC TEST OR EVALUATION – […]

Greetings, Well today is one week since Castellanos, and we have already seen an impact.   I have had 6 mediations, so let me share some insight as to what I have seen so far. One attorney was demanding a $7,500 side attorney fee on top of a $12,500 settlement (against the other carrier in my […]

BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Geraldine Jean-Francois v. Dept. of Juvenile Justice/Division of Risk Management JCC Rosen; St. Petersburg District; Order Date: May 3, 2016 OJCC Case: 15-018534SLR; D/A: 7/23/2015 Claimant’s Counsel: Steven E. Hovsepian Employer/Carrier’s Counsel: Valerie Alou & Donald S. Bennett Briefly: TPD; […]