BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Shane Reed v. Jacksonville Fire & Rescue Dept./City of Jacksonville Risk Management JCC Holley; Jacksonville District; Order Date: April 29, 2016 OJCC Case: 15-017318WRH; D/A: 11/23/2014 Claimant’s Counsel: John J. Schickel Employer/Carrier’s Counsel: Gregory Lower Briefly: PRESUMPTION UNDER F.S. §112.18 […]
Eraclides, Gelman, Hall, Indek, Goodman & Waters is pleased to announce that Allen Grant, Esquire has joined the firm as a partner in our Nashville, Tennessee office. Allen is an experienced workers’ compensation defense attorney with deep roots in Nashville, Tennessee. Allen played college football at MTSU and is a graduate of University of Memphis […]
Eraclides, Gelman, Hall, Indek, Goodman & Waters is pleased to announce that Michael D. Kiner has become a partner in the firm. Mike has zealously defended Employer/Carriers/Third Party Administrators in workers’ compensation disputes for more than 20 years, and he will continue his excellent work throughout the Palm Beaches and the Treasure Coast of Florida.
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Keith Switzer v. Vern’s Insulation/Zurich American JCC Anderson; Daytona Beach District; Order Date: April 28, 2016 OJCC Case: 15-012721WWA; D/A: 1/12/2015 Claimant’s Counsel: Clint Lavender Employer/Carrier’s Counsel: Jennifer Reimsnyder Briefly: COMPENSABILITY – JCC Anderson denied compensability of the claimant’s back […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Wallace Cruz v. American Airlines/American Airlines Worker’s Compensation Dept./Sedgwick CMS JCC Medina-Shore; Miami District; Order Date: April 27, 2016 OJCC Case: 10-000260SMS; D/A: 9/21/2009 Claimant’s Counsel: Toni Villaverde Employer/Carrier’s Counsel: David Gerhardt (at evidentiary hearing) & Michael Hernandez (attorney of […]
Ok, I have now had the chance to read the decision and digest it a bit. First, let’s start with this, the sky has not fallen, it’s not the end of the world. We have to adapt to a new way of handling and defending claims to protect our clients and employers. Everyone needs to […]
SUPREME COURT DECIDES CASTELLANOS FEE STATUTE UNCONSTITUTIONAL The Supreme Court of Florida issued an opinion in the case of Marvin Castellanos v. Next Door Company, et al, NO. SC 13-2082 (Fla. April 28, 2016), and held that F.S. §440.34 as amended in 2009 is facially unconstitutional and creates an irrebuttable presumption in violation of […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Brian Gonzalez v. St. Lucie County Fire District/Florida Municipal Insurance Trust JCC McAliley; Port St. Lucie District; Order Date: April 25, 2016 OJCC Case: 14-026367RDM; D/A: 9/4/2013 Claimant’s Counsel: Tonya A. Oliver Employer/Carrier’s Counsel: Alan D. Kalinoski & Lamar D. […]
By: Sean Jordan, Associate, Orlando Workers’ compensation benefits are not payable if an injury to the employee was caused primarily by his/her intoxication or the influence of any drugs not prescribed by a physician. FS 440.09(3). Even if the employer has not implemented a drug-free workplace program, they still have the right […]
By: Mary Frances Nelson, Partner, Fort Myers Last week, the First DCA denied a challenge to the minimum wage rate for family members who provide attendant care, and upheld the current version of FS 440.13(2)(b)(1). Scott v. Sears Holding, Case No. 1D15-3787. In the underlying case, Orlando partner Nicole Florentino and associate Fred […]