Greetings, Last week the 1st DCA issued a decision regarding travel to work when the claimant did not have a fixed workplace but rather traveled to various jobsites. The case (DSK Group, Inc. v. Hernandez) is attached. The claimant was an electrician, and as he was driving in his personal vehicle from his home to […]
Greetings, We often see a doctor recommend treatment/testing to “rule in or rule out” that the injury is the cause of the ongoing symptoms or complaints. Common examples are blood work to see if there is any possible disease, a cervical MRI on a wrist/shoulder injury, bilateral EMG’s for comparison, etc….The doctor is in essence […]
When it comes to workers’ compensation claims, one of the more complicated and overlooked (possibly due to its difficulty) issues is subrogation. This combination of challenges is only made more daunting when it comes to subrogation under the Workers’ Compensation Act in Georgia. Over the years, subrogation in Georgia has developed a nasty reputation that […]
We have all seen Petitions for Benefits (PFB) that request a litany of things. But have you even found yourself asking what specifically the PFB is requesting? Florida Statute §440.02(40) states that PFBs must be plead with specificity meaning referrals for any specialist must be attached, bills for payment/compensability must be attached or the specific […]
A request for an increase in the average weekly wage (AWW) is one of the most common requests in a Petition for Benefits. Calculating the AWW seems easy enough – add up thirteen weeks of earnings and divide by thirteen. While calculating the AWW may seem elementary, it can be tricky when determining what constitutes […]
It is March madness time, and nothing is more thrilling than seeing the excitement of the teams as they come together and the best of the best battle for the championship. In some ways, it causes me to reminisce about the teamwork that has gone into defending the more memorable cases I’ve handled over the […]
Greetings, The 1st DCA issued a troubling decision regarding 1-time changes in St. Lucie Public Schools v. Alexander (case attached). In this case, the E/C timely responded to the 1-time change request, but because there was a 16-day gap in following up on an appointment, the E/C lost control of the choice of doctor. The […]
Eraclides Gelman Hall Indek Goodman Waters & Traverso recognizes the significance of June 19, 1865, commonly referred to as Juneteenth, a historical date in American history. Juneteenth is many times referred to as Freedom Day, Jubilee Day, Liberation Day, and Emancipation Day. Juneteenth is a celebration of the abolition of slavery in the United States. […]
On behalf of the firm, the Diversity and Inclusion committee, would like to share with you some history about Black History Month and notable African Americans who have contributed to the legal profession in the very states that our firm serves. Black history month started more than 100 years ago in 1915 in Chicago, Illinois. […]
Greetings, my colleague Ryan Mirian in our Nashville office was kind enough to put this together regarding compensability in TN. Ryan’s contact info is below, and also below are the GA and FL Tips. Coronavirus disease (COVID-19) presents an interesting issue for Tennessee Workers’ Compensation claims with respect to causation. Given the increasing incidence of […]