By: Ryan Knight, Associate, Miami Office romances are common occurrences and unless you work in a “Mad Men” style office, those relationships typically do not end in a workers’ compensation claim. These romances can, however, lead to altercations or assaults at the workplace. Generally, assaults in the workplace resulting from personal animosity will […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Sonya Thompson v. CarQuest Auto Parts/Liberty Insurance Corporation JCC Rosen; St. Petersburg District; Order Date: April 22, 2016 OJCC Case: 15-005119SLR; D/A: 7/7/2009 Claimant’s Counsel: Christopher Petruccelli Employer/Carrier’s Counsel: Frank D. DeCiutiis Briefly: PERMANENT TOTAL DISABILITY BENEFITS – JCC Rosen […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Esantos@eraclides.com JCC ORDERS Michael E. McCoy v. Hillsborough Area Regional Transit/Commercial Risk Management, Inc. JCC Massey; Tampa District; Order Date: April 20, 2016 OJCC Case: 15-014001MAM; D/A: 1/31/2015 Claimant’s Counsel: Manuel Franco Employer/Carrier’s Counsel: Steven Hovsepian Briefly: MAJOR CONTRIBUTING CAUSE; NEED FOR SURGERY […]
Greetings, Today, the 1st DCA (not the Fla Supreme Court) issued an important ruling finding an aspect of the attorney fee section of the statute unconstitutional in Miles v. City of Edgewater Police Dept (1D15-0165). Under the WC statute, a claimant’s attorney is only entitled to the guideline fee under 440.34. It is actually a […]
Greetings, The statute provides for a 25% reduction in “compensation” if a claimant knowingly refused to use a safety device provided by the employer. This applies to TPD, TTD and PTD, not any medical benefits. It is our burden to prove the claimant knew he was supposed to use the device (gloves, eye wear, seatbelts, […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Colette Duke JCC ORDERS Darcy Moore v. The Angelus/FARA, A York Risk Services Company JCC Rosen; St. Petersburg District; Order Date: April 12, 2016 OJCC Case: 15-023141SLR; D/A: 8/24/2015 Claimant’s Counsel: Joseph M. Rooth Employer/Carrier’s Counsel: Ronald P. Greninger Briefly: VOLUNTARY LIMITATION OF […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Colette Duke JCC ORDERS Ivis Ruiz v. Sketchers/Charter Oak Fire Insurance Company JCC Hill; Miami District; Order Date: April 6, 2016 OJCC Case: 10-021524CMH; D/A: 7/24/2010 Claimant’s Counsel: Pro se Employer/Carrier’s Counsel: Robert J. Rodriguez Briefly: LACK OF PROSECUTION – JCC Hill dismissed […]
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Colette Duke JCC ORDERS Carlos Antonia Sanchez v. AIMCO/Bethesda Holdings, Inc./Broadspire, ACE USA JCC Rosen; Miami District; Order Date: April 1, 2016 OJCC Case: 09-031713GCC; D/A: 6/16/2009 Claimant’s Counsel: Mark Touby Employer/Carrier’s Counsel: Alexander Blanco Briefly: AUTHORIZATION OF MEDICAL TREATMENT – JCC Rosen […]
Greetings, the Florida Supreme Court will hear the Oral Arguments in Stahl tomorrow morning, 4/6/16, at 9 a.m. You can watch it live here: http://www.wfsu.org/gavel2gavel/live-hd.php And I will post a summary of my thoughts and impressions. Morgan Indek | Partner
BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Colette Duke 1ST DCA ORDERS Diane D. Howell v. Juice Bowl/Liberty Mutual Insurance Appeal of the Order from JCC Margaret Sojourner DCA Order Date: March 30, 2016 Case: 1D15-3940; D/A: 7/22/1988 Appellant’s Counsel: Joshua C. Nelson Appellee’s Counsel: Russell H. Young & Ya’Sheaka […]