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Latest Stories from Uncategorized

FL Daily Case Law Updates – 3/31/16

BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Colette Duke JCC ORDERS Kimberlee Heussner v. Lumpy’s Golf Pro, Inc./State Farm Fire & Casualty Company JCC Weiss; Ft. Myers District; Order Date: March 29, 2016 OJCC Case: 15-017047JAW; D/A: 3/10/2010 & 12/28/2011 Claimant’s Counsel: Brian O. Sutter Employer/Carrier’s Counsel: Bruno DeZayas Briefly: […]

Losing Control: Latest Tactic for Claimants to Control Medical Continues to Gain Ground

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By: Yosue Ochoa, Associate, Miami Throughout Florida, we continue to see claimants successfully challenging the admissibility of authorized physicians’ testimony based on the argument that the physician was being paid above the maximum dollar amount provided by the fee schedule.  If the Carrier chooses to deviate from the required fee schedule, the consequences could be […]

To Pay or Not to Pay: That is the question pending in Alabama

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By: Jamie Sanders, Partner, Alabama  An issue has arisen among a number of claims specialists over the past few months and it is becoming a ground swell. The issue deals with whether the employer should pay PPD once the employee reaches MMI. It is my understanding there is a constituency whose opinion is that the […]

FL Case Law Summaries – 3/29/16

BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Colette Duke JCC ORDERS Karen McCarthy v. Memorial Hospital of Jacksonville/Broadspire JCC Holley; Jacksonville District; Order Date: March 24, 2016 OJCC Case: 15-012373WRH; D/A: 3/30/2015 Claimant’s Counsel: Michael J. O’Rourke Employer/Carrier’s Counsel: Michael D. Kendall Briefly: IDIOPATHIC CONDITION – JCC Holley granted the […]

FL Case Law Summaries – 3/28/16

BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Colette Duke JCC ORDERS Reinaldo Molina v. Ryder/Old Republic Insurance Company JCC Almeyda; Miami District; Order Date: March 23, 2016 OJCC Case: 13-017976MGK; D/A: 9/30/2008 Claimant’s Counsel: Danni Germano Employer/Carrier’s Counsel: Robert Strunin Briefly: PENALTIES AND INTEREST – JCC Almeyda granted the claim […]

FL Tip of the Week – Unemployment

Greetings, I heard on the radio this morning that the U.S. unemployment rate is now less than 5%, based on claims for Unemployment.  I though it might be a good refresher for a tip. It is essential for employers to let the carrier know if a claimant has applied or is receiving UE benefits so […]

FL Case Law Summaries – 3/25/16

BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Colette Duke JCC ORDERS Michael Morales v. MK Automotive Management, LLC/Summit JCC Hill; Gainesville District; Order Date: March 22, 2016 OJCC Case: 15-029463MRH; D/A: 4/6/2015 Claimant’s Counsel: Mark Tipton Employer/Carrier’s Counsel: David Beach Briefly: ATTORNEY’S FEES – JCC Hill awarded attorney’s fees for […]

FL Law Summaries – 3/23/16

BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Colette Duke JCC ORDERS Melida Winger v. Sears Holdings Corporation /Sedgwick CMS JCC Basquill; West Palm Beach District; Order Date: March 21, 2016 OJCC Case: 90-000215TMB; D/A: 1/17/1990 Claimant’s Counsel: Douglas Glicken Employer/Carrier’s Counsel: Amy Siegel Briefly: ATTORNEY’S FEES – For this 1990 […]

FL Case Law Summaries – 3/21/16

  BY: Thomas G. Portuallo To receive daily e-mails with case law summaries, e-mail: Colette Duke 1ST DCA ORDERS THG Rentals & Sales of Clearwater, Inc./Summit Holdings-Claims Center v. James C. Arnold Appeal of the Order from JCC Stephen L. Rosen DCA Order Date: March 17, 2016                         Case: 1D15-970; D/A: 8/6/2013 Appellant’s Counsel: H. George Kagan […]