Ex Parte West Fraser, Inc. (2017 WL 4081311 – Sept. 15, 2017) West Fraser petitions the court for a writ of mandamus directing the trial court to vacate its order finding in favor of Thomas on the issue of compensability.  The trial court determined that Thomas had not yet reached maximum medical improvement and should […]

By:                    Ryan M. Knight – Miami Contributor:   Tara Said – Pensacola To receive daily e-mails with case law summaries, please email esantos@eralcides.com First DCA Decisions Rodney Puckett Jr. v. Vallencourt Construction JCC Humphries: Jacksonville District                 Opinion Date: October 10, 2017 OJCC Case: 13-018640                          Date of Accident: 06/14/2013 E/C’s Appellate Counsel: Kip Lassner & Daniel Schwarz […]

By: Betsy Campo, Partner, Gainesville   Ah…the claimant’s deposition–my favorite part of this job.  The claimant’s deposition is the opportunity when we get to meet the claimant in person and find out in their words how they got hurt, what they have been doing since the injury, and how their pain is currently.   Over 25 […]

By: Michael Schurdell, MD, Rome, Georgia   Recently, I attended a workers’ compensation conference where there was a discussion regarding which physician specialties should be included on a company’s workers’ compensation panel. They specifically discussed the benefits of incorporating an interventional pain management physician on the panel of providers.  The reaction of many lead me […]

By: Chelsea Leonard, Associate, Orlando   A popular trend, in light of the Castellanos case in Florida which increased attorney fees for claimants’ counsel, is litigation over the Average Weekly Wage.  The slightest adjustment in the average weekly wage following litigation over the issue can lead to costly carrier paid attorney’s fees.   A recent JCC […]

Greetings, One of the JCC’s in West Palm Beach just issued a ruling on 1-time changes and when the 5-day clock starts.  This is not a 1st DCA decision, so it is not “law”, but it is an indication on how other judges might rule. As we all well know, the 1st DCA has previously […]

By:                    Ryan M. Knight – Miami Contributor:   Tara Said – Pensacola To receive daily e-mails with case law summaries, please email esantos@eralcides.com FIRST DCA ORDERS Utopia Home Care v. Beatriz Alvarez JCC Rosen: St. Petersburg District         Opinion Date: September 5, 2017 OJCC Case: 11-02908                                  Date of Accident: 4/6/2011 Claimant’s Appellate Counsel: Paulette Brown and […]

By: Mike Quiggins, Partner, Tallahassee The First District Court of Appeal issued a recent decision providing further clarification of the employer/carrier’s obligations to satisfy a claimant’s request for a new doctor under the “one time change of physician” provision found in 440.13(2)(f). The decision in Velez v. Coadvantage, Epoch Management/CCMSI, Case No. 1D16-5496 (opinion issued […]

By: Matt Williams, Partner, Alabama On May 8, 2017, Jefferson County, Alabama Circuit Court Judge Pat Ballard entered an Order declaring the entire Alabama Workers’ Compensation Act unconstitutional. Specifically, Judge Ballard found two sections of the Alabama Workers’ Compensation Act unconstitutional, but because the Alabama Legislature included Section 25-5-17, a non-severability statute, into the Act […]

By:                    Ryan M. Knight – Miami Contributor:   Tara Said – Pensacola To receive daily e-mails with case law summaries, please email esantos@eralcides.com First DCA Opinions Edwin Velez v. CoAdvantage  JCC Condry: Orlando District                               Opinion Date: June 19, 2017 OJCC Case: 15-016212                                            Date of Accident: 05/21/2015 Claimant’s Trial Counsel: Basil A. Valdivia     Claimant’s […]